Criminal Negligence Causing Bodily Harm Lawyer

Being charged with a criminal offence can be a scary and stressful experience, especially for someone unfamiliar with the criminal justice system. Being charged with a criminal negligence offence can be even more stressful given the serious nature of the charge. Criminal negligence offences are among the most serious in the Criminal Code and are prosecuted vigorously by the Crown’s office.

Those convicted of criminal negligence face serious penalties including significant jail time and restrictive ancillary orders. If you have been accused of criminal negligence it is important to retain legal counsel to assist you. Criminal negligence cases can become very legally and factually technical. Crown’s that prosecute these cases often have significant experience with this niche area of law. As a result, it is important to have experienced counsel to defend you.

What is Criminal Negligence?

The definition of criminal negligence is outlined in section 219 of the Criminal Code. It states that an individual is criminally negligent when they in doing anything, or in omitting to do anything that is their duty to do, shows wanton or reckless disregard for the lives or safety of another person. The offence is quite broad and captures a large amount of activity or inactivity.

This means that an individual may be charged with criminal negligence for doing something that endangers other people or for failing to do something they had a legal duty to do. Furthermore, the negligent conduct must go beyond the civil negligence standard to be considered criminal negligence. To convict an accused, the Court must find that the accused took a marked and substantial departure from what a reasonable person would have done in the same circumstances.

In addition to criminal negligence, section 220 of the Code outlines the offence of criminal negligence causing death. criminal negligence causing bodily harm is contained in section 221 of the Code.

What are Examples of Criminal Negligence?

There is no list of acts or omissions that constitute criminal negligence. Instead, police will assess situations on a case-by-case basis to determine if a criminal negligence charge should be laid. Similarly, the Crown and Court will review matters on a case-by-case basis to determine whether an accused is guilty of the offence.

Common examples of criminal negligence include leaving a child in an unsafe situation. For example, leaving a child unattended in a hot car or leaving a young child unattended in other unsafe situations. Failing to provide medical care to a dependant individual is also likely to quality. This may include failing to take a sick child or elderly parent to the hospital when they clearly required medical attention.  Ignoring or creating serious workplace health and/or safety hazards may quality. Driving in a vehicle in a manner particularly dangerous may also be considered criminal negligence. To qualify the driving must be something more than just careless or dangerous driving.

How does the Crown Prove Criminal Negligence?

As with any criminal offence, the Crown bears the burden of proving criminal negligence beyond a reasonable doubt. To accomplish this, the Crown must prove that a reasonable person in the same situation would have acted differently. This requires the that the Crown present evidence to show how a reasonable person would have behaved in the circumstances and why the accused’s behaviour deviated in a marked and substantial way.

To gain a conviction, the Crown must prove the following:

Duty of Care: The Crown must establish that the accused owed a duty of care to the complainant. This is typically applicable in situations where the person’s actions could foreseeably harm others, i.e., when driving a vehicle or operating heavy-duty machinery.

Breach of Standard of Care: The prosecution must show that the accused’s actions departed significantly from what a reasonable person would have done under similar circumstances. This involves proving that the accused acted with wanton or reckless disregard for others’ safety.

Causation: It must be demonstrated that the accused’s actions were the direct cause of the victim’s bodily harm or death in cases involving negligence bodily harm to death charges. This means that “but for” the accused’s negligent behaviour, the injury would not have been sustained.

How to Defend a Criminal Negligence Charge?

When developing a defence for a criminal negligence case it is important to have a thorough understanding of the case law surrounding criminal negligence, of applicable statutory provisions, and of the evidence the Crown intends to rely upon. The defence must be tailored to the specific case and must attack the Crown’s evidence piece by piece.

To successfully defend a criminal negligence charge, an accused may attack the Crown’s evidence to create reasonable doubt or show that their acts or omissions were not negligent. To accomplish this, the accused must show that they acted reasonably in the circumstances. The Crown is not required to prove that the accused intended to cause harm, only that their actions took a marked and substantial departure from what a reasonable person would have done. Where the accused can convince the Court that their actions were something less than a marked and substantial departure from what a reasonable person would have done, they may be acquitted or convicted of a lesser included offence.

Will I go to Jail for Criminal Negligence in Toronto?

When sentencing an offender for criminal negligence, the Court must consider applicable case law, the sentencing principles outlined in section 718 of the Code, the facts of the case, and any aggravating and mitigating factors. Sentencing principles help guide judges to ensure important factors are considered when arriving at the appropriate sentence. Case law outlines sentences for other offender’s sentenced for similar crimes. Finally, aggravating and mitigating factors must be balanced and used to justify the sentence imposed.

Given the seriousness of criminal negligence offences, those convicted are likely to face a period of custody. This is especially true where the individual was convicted of criminal negligence causing death or criminal negligence causing bodily harm. Upon conviction for criminal negligence causing death in cases where a firearm was used, the offender will face a maximum of life imprisonment and a minimum of four years in prison. In cases where a firearm is not used, the maximum is life imprisonment and there is no minimum. An offender convicted of negligence causing bodily harm will face a maximum of ten years in prison on indictment and a maximum of two years less a day in prison on summary conviction. Fines may also be imposed. This is common where a corporation is charged.