Autonomy, Fault & Individual Responsibility

Structure for Q9

1. Autonomy

2. Fault & Individual Responsibility

Autonomy

Definition

Refers to an individual who is in control of their actions and decisions.

Paragraph 1 - Autonomy

Autonomy is reflected in criminal law where AR must be voluntary & therefore a result of D’s own decision making. In this way we do not criminalise accidental behaviour. Exceptions being absolute liability offences (Winzar) where D was convicted of being drunk on a highway after being put there by police.

Paragraph 1 - Autonomy - Strict Liability

Similarly Strict liability exists to criminalise conduct where there is no guilty mind such as selling lottery tickets to a minor (Harrow v Shah). These offences are aimed at protecting those in society with limited autonomy such as children.

Paragraph 1 - Autonomy - Negatives

Arguably, law operates to discriminate against disabled people who are unable to end their own lives as suicide is not criminal under Suicide Act 1961 but assisted suicide is. Therefore a disabled person in this situation has no autonomy (Nicklinson).

SC ruled that their human rights are infringed by existing legislation but Parliament may act to change the law.

Paragraph 2 - Fault & Individual responsibility - 1st half

Means that a D is to blame and therefore responsible for their actions and subject to sanctioning by the state.

Criminal rules exist to reflect fault & blame in different categories of offences & levels of MR e.g. infliction of grievous bodily harm under s.20 includes recklessness, whereas s.18 GBH with intent requires intent. Whilst both have same AR, the fact that there is a higher level of MR in s.18 reflects the higher degree of blame and it is sanctioned with a heavier penalty.

Paragraph 2 - Fault & Individual responsibility - 2nd half

Similarly, the existence of defences such as self-defence & duress justify behaviour where the D had MR but had no choice but to commit the offence and so was not to blame. Some defences recognise that there is no fault where MR was not formed, as when due to involuntary intoxication and these cases can result in acquittal. Partial defences to murder reflect less fault so that there are reasons why less blame is attached, such as reduced capacity for decision making in DR.

Finally, unlike the concept of VL in tort, no one can be convicted for the crimes of another in criminal law i.e. only those at fault are held to account.