12113711
Description
Flashcards by Stuart Halford, updated more than 1 year ago
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Created by Stuart Halford
almost 7 years ago
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| Question | Answer |
| What are synonymous terms for fault? | Blame and responsibility |
| What is the basic premise that underpins fault? | The defendant should be able to contemplate the harm their actions may cause. |
| What aspect of Criminal Law is significant in determining fault? | Mens rea - apart from crimes of Strict Liability |
| What kind of offences are usually covered by Strict Liability? | Regulatory |
| In which case was the D found guilt of supplying prescription only drugs without prescription? | Pharmaceutical Society of Great Britain v Storkwain Ltd (1986) |
| Which case highlights a problem with the Sexual Offences Act 2003 and the creation of strict liability offences. | G (2008) Charged under section 5 - maximum penalty of life and placed on sex offenders register. Girl consented D reasonably believed her to be over 13. |
| Which case traditionally was described as a strict liability in Tort? | Rylands and Fletcher |
| What are the three levels of fault in criminal law? | Specific intention, recklessness and negligence. |
| In which areas of criminal law can recklessness be discussed in a Fault answer. | s47 OAPA 1861 and Criminal Damage |
| What is argued about the fault level in murder? | It should not include intention to cause GBH - the law is treating D's with different levels of blame in same manner and there is no difference in sentence. Vickers (1957) |
| What are the three types of mistake? | Genuine mistake Drunken mistake Mistake as to circumstances Williams (1987) |
| Which of the defences completely eliminates the fault element? | Non insane automatism A-G Reference ( No 2 -1992) |
| In what way does the Criminal Justice Act 2003 acknowledge that there are different levels of fault. | Sentencing tariffs: Murder involving abduction and sexual motivation (whole life term) Minimum 30 years for serious murder Minimum of 15 other cases 12 years for offenders under 18 |
| What area of Tort law acknowledges that both D and C may have some level of fault? | Contributory negligence |
| Which area of tort places fault with the employer for employees actions? | Vicarious liability |
| What is the three part test in Tort law that aims to establish whether blame is attributable. | Caparo Caparo Industries v Dickman (1990) |
| What two word phrase can be helpful in establishing fault? | But for |
| Under normal circumstances omission would not lead to fault unless:- | Duty of Care Statutory - Contractual - Relationship - Duty undertaken voluntarily - official position - set in motion chain of events. |
| Which type of offence is proven by both R v Larsonneur (1933) and Winzar v Chief Constable of Kent (1983) | Absolute liability |
| What principle ensures fault is attached even if an unintended victim is harmed? | Transferred Malice |
| What are the two categories of intent? | Direct and Oblique Hancock and Shankland (1986) |
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