Discuss The Meaning Of Fault

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Discuss the meaning of fault as a basis for criminal and or civil liability. Explain and evaluate the imposition of liability without fault. (30 marks) Fault itself provides that an act does not make a person guilty of a crime unless his mind is also guilty. For someone to be deemed at fault, the actus reus must be voluntarily or freely willed. This is because there have been instances where the actus reus was involuntarily and the defendant was not at fault or liable, as seen in Hill v Baxter; such involuntary action responses are known as reflex actions, and cannot be helped. An exception to this rule is state of affairs cases, where the defendant does not need to have formed the required mens rea, but will still be found liable, as seen in Winzar. This is where he was drunk, went to a hospital where he was kicked out by Police and charge with being drunk on a public highway. The court held the fact he was there was enough to charge him with this. Generally there is no liability to act even if the defendant is morally at fault. However there is an exception where the law has imposed a duty to act, as seen in Miller where he was a squatter, who lit a fire, then fell asleep in another room and was charged with arson. Causation must be established for result crimes, as they determine fault and therefore liability; there are two types, factual and legal causation. It is established in a ‘but for’ test, asking ‘but for’ the defendants actions would the same consequences have occurred? This is seen in White where the defendant tried to poison his mother, but she died from a heart attack instead. So the defendant was charged with attempted murder instead of just murder. Legal causation must prove that the defendant was the ‘operating and substantial’ cause of the actual consequences. This is seen in Smith where the defendant stabbed a soldier, but on the way

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