With reference to decided cases in any area(s) of law with which you are familiar, consider to what extent English law is concerned with the concept of fault in deciding issues of liability or guilt (30)

In English civil and criminal law, liability is based on fault. Fault is therefore perhaps one of the most important concepts in law, as without it, it would be impossible for justice to be reached for the state, victim and wrongdoer. Fault determines the way the state will compensate the victim and punish the wrongdoer, and this essay will focus on the latter.

        The whole aim of criminal law is to punish those who have committed a crime against the state. The sanction imposed considers the sentencing aim and attempts to reflect society’s revulsion at the crime. Fault is present if the appropriate actus reus and mens rea can be proved. A person cannot be found guilty unless both elements were present. The actus reus concerns all elements of the offence apart from the defendant’s state of mind. This not only includes the prohibited physical act but also any omissions and causation issues. The actus reus must be committed voluntarily, as Professor Hart stated ‘the principle that punishment should be restricted to those who have voluntarily broken the law … is a requirement of justice’. Involuntary actions give way to the general defence of automatism, which concerns situations where the defendant did not control their actions as they were caused by an external factor. If the defence of automatism is successful, it will lead to full acquittal. This was seen in      T 1990, where the courts accepted post-traumatic stress as suitable for automatism as it was caused by the external factor of rape. This shows that English law is concerned with the concept of fault to a high degree as there are defences for not only the mens rea of a crime, which will be discussed earlier, but also the actus reus. This is evidence of the law ensuring that only those who really are to blame for a crime are punished.

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The actus reus also includes omissions which is a failure to act. For an omission to result in an actus reus, there must be a duty for the defendant to act. For example in   R v Gibbons and Proctor 1918 there was a relationship between the defendants and the victim, as they were supposed to be looking after the child who died from being starved to death by them. Similarly, in R v Pittwood 1902, there was a contractual duty for the defendant to act, his omission resulted in a driver being killed after he went over a ...

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A good essay. The student would benefit from having read some of the academic commentary on the issue of fault, and by broadening the focus beyond criminal law. 4 Stars.