FAULT

• In deciding whether a defendant is to be blamed for their conduct, the criminal law generally presumes that a defendant is responsible for their actions and the consequences of those actions
• The courts recognise 4 main instances when the defendant is not to blame for his actions.
• 1. Some people are exempt from criminal prosecution such as: children under the age of criminal responsibility (In England and Wales it is 10), those who are insane, however they can be detained in a hospital under Mental Health Act 1983.
• 2. A person may not be liable for some involuntary acts e.g. R v Mitchell (1983)
• 3. A person is in control of their actions but doesn't have the required mens rea for the particular offence.
• 4. There are some defences where, even though the defendant had the necessary mens rea for the offence, they are not to be blamed. These defences include: self defence or defence of another, duress where the defendant had been threatened with death or serious injury if they didn't commit the crime.