to which extent does a concept in criminal or tort law examine fault in liabiltiy. these fault essay answers are high quality to guarantee a good score with links to topics and case judgements
Examine the meaning of fault in criminal law and discuss the extent to which the law
of xxx shows that liability in criminal law is based on fault.
In this essay, I will explain the meaning of fault in criminal law and discuss the extent
to which the law of xx shows that liability in criminal law is based on fault.
Fault in law refers to the blameworthiness and responsibility in each area of law. This
is linked closely to the mens rea of the D. The basic principle of fault is that a d
should be able to contemplate the harm that his or her actions may cause and
should aim to avoid them. Fault is an important element in law as it can be seen in
any area of law. It can be seen as the basis of criminal law, illustrated by the
requirement of the men rea in almost every criminal offence. Even if the actus reus is
proven, a person cannot be liable for a crime unless their mens rea is proven.
Different offences require different levels of mens rea, which would also mean
different levels of fault.
The highest level of fault can be seen in specific intention, where d has the intention
for that particular offence. For example, the mens rea of murder is where the d has
the intention to kill or cause serious injury. Basic intent crimes require recklessness,
a lower level of fault, where the d realises there is a risk of harm but continues to run
the risk anyway.
However, there are crimes of strict liability which require no mens rea at all. This kind
of offence recognizes certain limited defences but takes no account of the d’s state
of mind. This appears to contradict the basis of criminal law as a d may be guilty
even if they were not to blame. However, the fact that the purpose of strict liability is
to protect the interests of society can justify the imposition of liability without fault.
This can be seen in Harrow v Shah where the d was found guilty although they had
taken all reasonable steps to prevent the offence from happening. This was also the
case for Sexual Offences act 2003, where sexual intercourse with a girl aged under
13 is strict liability, resulting in the controversial case of R v G 2008 where d was
guilty despite consent and genuine belief that the v was of age
There are also cases of absolute liability, where not even an actus reus is required,
and the d only needs to be in a ‘state of affairs’. The d may not be at fault, however
they are still liable. This is seen in the case of Winzar v Chief Constable of kent,
where the d was admitted to hospital by a friend. When the hospital realised he was
drunk, they threw him out. The d was then liable for being drunk and disorderly. Even
though he did not have the mens rea for the crime, nor was he at fault, he was still
charged because it was an absolute liability crime.
This raises the question of whether liability based on fault is the basis of law or
whether other aims such as deterrence or the protection of society are more
important.
Make the link referring to the question.
- State you are now doing the link
- Analyse the area of law you are linking
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