Criminal negligence is the act of causing harm to another person by failing to exercise the amount of care that a reasonably reasonable person would use in comparable circumstances and having a legal duty to take certain steps or safeguards. This kind of criminal behavior is characterized by carelessness and is frequently separated from other kinds, such as deliberate crimes or mishaps.
A person must have a legal duty in criminal negligence instances, in addition to a moral one. Furthermore, criminal negligence is regarded as a severe offense that carries heavy fines, jail time, and other consequences.
Criminal Negligence Under Canadian Law
Criminally negligent is laid out in Sections 219, 220, and 221 of the Criminal Code of Canada.
Section 219
(1) Everyone is criminally negligent who
- in doing anything, or
- in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons.
Causing Death by Criminal Negligence
Section 220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
- where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- in any other case, to imprisonment for life.
Causing Bodily Harm by Criminal Negligence
Section 221 Every person who by criminal negligence causes bodily harm to another person is guilty of
- an indictable offence and liable to imprisonment for a term of not more than 10 years; or
- an offence punishable on summary conviction.
Criminal negligence causing death is also a form of culpable homicide.
How Criminal Negligence is Related to Intent
Since criminal negligence is a lack of exercise of the degree of care that a reasonably reasonable person would employ in identical circumstances, it is tied to purpose. It is not necessary to have malicious intent, though. More responsibility is needed than just being negligent or unfocused.
On the other hand, intent describes a person’s mindset throughout a criminal act. It indicates that the individual intended to do injury when they committed the act in question. Arson is an intentional offense that can be committed, for instance, if someone purposefully ignites a fire that results in harm or destruction.
Because it does not necessitate the purpose to inflict harm, criminal carelessness differs from intentional offenses. It calls for more responsibility than just being negligent or unfocused. Depending on the specifics of the case, the state may prosecute criminal negligence in addition to or in combination with an intentional offense.
Best Defense Strategies for Criminal Negligence
A person or organization facing criminal negligence accusations may employ one of numerous defense tactics to refute the prosecution’s evidence and prevent conviction. Among these strategies are:
- Lack the Duty of Care
Making the case that the accused party had no legal need to exercise a particular standard of care is one tactic used in defense of criminal negligence cases. As a result, criminal negligence cannot be used to hold the defendant accountable.
When there is no legal requirement for the person or business to take precautions, this tactic may work well. Therefore, any injury that results cannot be attributed to the person or business.
For instance, if an injury occurs on a property and the owner is unaware of a dangerous condition there, they may not be considered criminally negligent.
- Compliance With Laws and Regulations
Making the case that the accused person or organization complied with all applicable rules and regulations is another tactic in the fight against criminal negligence charges.
When the person or entity can show that they complied with all applicable laws, rules, and industry standards and that the victim was not harmed as a result of their noncompliance, this defense tactic may be successful.
For instance, a construction company may be exempt from criminal liability if it can show that all safety procedures were followed and that the worker’s injuries were the consequence of an unforeseen circumstance.
Compliance to legal statutes and regulations does not inherently give freedom from accusations of criminal negligence. It is the prosecution’s responsibility to demonstrate that the defendant violated laws and regulations and that this violation resulted in injury. Ordinances and legislation are also subject to modification.
Charged With Criminal Negligence?
Criminal negligence is a severe offense that entails the disregard for reasonable precautions taken to avert reasonably foreseeable harm. Criminal laws apply to it, and the punishments include fines, jail time, and other sanctions. It is essential to have a skilled criminal defense lawyer to advise on the best defense plan while facing criminal negligence allegations. . If you or someone you know needs legal advice contact Collett Read LLP today for a free consultation. If your matter is immediate please contact us at (905) 541-2228