Criminal Law: Prior Fault

August 3, 2023

Prior fault refers to a defendant’s previous actions that may have contributed to the commission of the offence. It can be relevant when considering the defendant’s culpability or when determining an appropriate sentence. This is because prior fault may prevent a defendant’s claim of defence, for example for duress or the private and public defence. Prior fault can also be used to reconstruct a defendant’s intention for basic intent offences, thus enabling the prosecution to prove a defendant’s liability.

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