Criminal Negligence occurs when an individual, bound by a legal duty, acts in a way that demonstrates a wanton or reckless disregard for the safety or lives of others. This offence typically arises from actions or failures to act that lead to serious harm or even death.

Criminal Negligence: Legal Definition

Section 219 of the Criminal Code defines criminal negligence as:

  • Doing anything, or
  • Omitting to do anything that it is your duty to do,

…where the act or omission demonstrates wanton or reckless disregard for the lives or safety of other persons.

Charged with criminal negligence? Don’t face it alone. Call (855) 585-1777 now for a free consultation with a skilled criminal defence lawyer.

Criminal Negligence: Key Definitions

Duty: Refers to a legal obligation, whether established through common law or specific statutes.

Categories of Criminal Negligence Charges

Criminal negligence is divided into two primary categories:

  • Criminal Negligence Causing Bodily Harm (Section 221): Results in serious injury to another person.
  • Criminal Negligence Causing Death (Section 220): Results in the death of another person.

How Criminal Negligence Differs from Similar Offences 

Criminal negligence is often mistaken for other serious crimes such as homicide or dangerous driving. Here’s how it differs:

  • Homicide: Criminal negligence can underpin culpable homicide, but homicide involves intentional or reckless actions likely to cause death. Criminal negligence focuses on conduct that departs substantially from reasonable standards of care.
  • Dangerous Operation: Dangerous driving involves a marked departure from reasonable behaviour. Criminal negligence requires proof of a marked and substantial departure from what a prudent person would do.

Potential Penalties for Criminal Negligence 

The penalties for criminal negligence depend on the type of offence and how the Crown proceeds.

  • Causing Bodily Harm: Hybrid Offence
    • Summary Conviction: No minimum sentence.
    • Indictment: Maximum penalty of 10 years imprisonment.
  • Causing Death: Indictable Offence
    • Indictment: Maximum penalty of life imprisonment.
    • Minimum Sentence: Minimum 4-years imprisonment if a firearm is used.

Aggravating Factors for Criminal Negligence

  • Use of firearms or other dangerous objects;
  • Victim vulnerability (e.g., children, seniors, or disabled individuals);
  • Abuse of a position of trust (e.g., a parent, caregiver, or supervisor);
  • Incidents causing multiple injuries or deaths;
  • Impairment due to drugs or alcohol during the offence.

Indictable Dispositions Available for Criminal Negligence

  • Imprisonment
  • Imprisonment + Probation
  • Imprisonment + Fine

Accused of criminal negligence? Protect your future. Contact us today at (855) 585-1777 for a free consultation with an experienced defence lawyer.

Potential Defences Against Criminal Negligence Charges 

For a conviction, the Crown must prove beyond a reasonable doubt:

  1. A legal duty existed;
  2. The accused’s conduct demonstrated wanton or reckless disregard for safety;
  3. The accused’s actions or omissions caused harm or death.

Possible defences include: 

  • Momentary Lapse: A brief, unforeseeable lapse in judgment rather than reckless conduct;
  • No Causation: An unrelated or unexpected event was the true cause of harm or death;
  • Reasonable Actions: The accused’s behaviour aligns with what a reasonable person would do in the circumstances.

Criminal negligence charges are complex and carry life-altering penalties. An experienced criminal lawyer will analyze the evidence, identify weaknesses in the Crown’s case, and build a solid defence tailored to your situation. 

Don’t Face Your Criminal Negligence Charge Alone

An experienced criminal defence lawyer is vital when dealing with criminal negligence charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing criminal negligence charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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