Criminal Negligence Causing Death Lawyer

Criminal negligence causing death, under Canadian law, is an offence that comes into play when somebody’s disregard for other people’s safety results in another person’s death. This law is applicable in cases where a person fails to act with the caution or care expected of a reasonably prudent person, demonstrating a clear and wanton disregard for the lives of others. Determining what a reasonably prudent person would do in similar circumstances can be a subjective task. As such, it is advisable to consult a lawyer if you are charged with this offence, in order to obtain the best legal outcomes.

What is Criminal Negligence Causing Death?

 Criminal negligence causing death is a serious offence defined under Section 220 of Canadian Criminal Code. Criminal negligence causing death is an offence that occurs when an individual’s failure to comply with the standard of care that is expected of a reasonably prudent person results in death, and in doing that, they demonstrate a wanton or flagrant disregard for human life. This offence can arise from both actions and failures to act (also called omissions) that constitute a gross neglect of one’s duty of care.

Culpable homicide is the legal terminology for an individual whose criminally negligent actions or omission of actions results in another person’s death. A person commits culpable homicide under section 222(5)(b) of the Criminal Code when they cause another person to die through their careless actions—actions that rise to the level of criminal negligence.

Section 219 of the Criminal Code tells us that criminal negligence typically encompasses behaviours and actions that significantly deviate from expected conduct, potentially leading to fatal outcomes. The purpose of this legislation is to promote vigilant and responsible behaviour in potentially hazardous situations, to reduce the risk of unnecessary and preventable deaths.

It is important to note that legal proceedings can be commenced against both individuals and corporations. This is especially relevant in workplace environments where safety violations or a lack of adequate workplace policies lead to fatalities of one or more persons. When considering what actions or omissions have directly led to someone’s death in the context of criminal negligence causing bodily harm, the legal test for causation is usually “significant contributing cause of death. Overall, it is important to uphold a high standard of safety in situations where there exists a safety hazard or some other potential for people to be harmed.

What Happens if you are Charged with Criminal Negligence Causing Death?

When charged with criminal negligence causing death, due to the offence’s severity, the legal processes are extensive and detailed. Law enforcement initially determines whether to detain the accused until a bail hearing, considering the nature of the crime, the accused’s criminal history, and potential risks to public safety. According to the Canadian Charter, the accused must appear before a Court within 24 hours of arrest. Setting up a bail hearing involves a number of considerations, particularly for serious charges like criminal negligence, and it may take time to meet the Court’s requirements for release. The defence team works diligently to propose bail conditions that balance public safety with the accused’s rights. When determining the accused’s bail conditions, it is important to remember that the accused is always presumed innocent unless proven guilty.

Will I go to Jail for Criminal Negligence Causing Death?

Given the severity of criminal negligence causing death, the legal response is thorough and complex. Once charged, law enforcement assesses factors such as the crime’s nature, the accused’s criminal history, and the risk of further offences or failing to appear in court, which typically leads to detaining the accused until a bail hearing. This precaution arises from concerns about public safety and the potential for further offences. Under the Charter, anyone detained should be allowed to appear before a judge or justice of the peace within 24 hours. If a justice is not available within 24 hours, the accused has a right to appear before a justice as soon as reasonably possible, without undue delay.

The severity of criminal negligence charges can lead the Crown to request strict bail conditions, requiring the defence to spend considerable time developing a tailored and appropriate release plan that strikes a balance between maintaining the public’s safety while also respecting one’s presumption of innocence.

During the phase of preparation, the defence team takes a number of steps to collect evidence and information to support the accucsed’s case for bail under reasonable conditions. This might include conditions like travel restrictions, frequent check-ins with the police authorities or probation officer, or supervised release in the community. When determining what a set of reasonable bail conditions might be, it is highly important to balance the rights of the accused with public safety concerns. This means maintaining the principles of justice while respecting the fundamental legal principle of presumption of innocence.

In situations where the accused is convicted, they may be sentenced to a period of custody. As outlined in the Code, an individual will face a maximum sentence of life imprisonment if convicted of criminal negligence causing death. Where a firearm was used, an offender will face a minimum of four years in custody.

Some other kinds of penalties that might be imposed from criminal negligence causing death are orders to pay the victim(s) restitution and probation. Restitution refers to the Court ordering the perpetrator to pay back the victims something that was wrongfully taken from them, and thus making them “whole” again. Being accused convicted of criminal negligence causing death may also have detrimental repercussions for the accused’s immigration status and career prospects, both presently and in the future.

Given the serious repercussions of this committing this crime (death), it is commonplace for this offence to be tried as an indictable offence. This means that the penalties will be more on the severe side. Given how much is at stake, it is highly recommended to consult an experienced and skilled defence lawyer to help discuss the best legal strategies.

How to Defend Against a Charge of Criminal Negligence Causing Death

Defending oneself against a charge of criminal negligence causing death requires a nuanced and tailored legal strategy that are customized to the specific circumstances of the case. The defence often begins by challenging the prosecution’s assertion of negligence, arguing that the accused’s actions aligned with those of a reasonably prudent person under similar circumstances. This includes demonstrating that all necessary precautions were taken to mitigate harm, such as complying with safety protocols, consulting experts, or following industry standards.

Additionally, the defence might opt to present expert testimony to demonstrate that the accused’s actions met the standard of care typical within their professional community and argue that the tragic outcome was unforeseeable to a reasonable person in the accused’s position at the time. Given how subjective this offence may be, a skilled defence lawyer can help you best come up with strategies that will mitigate your blameworthiness.

Another defence could be to cite an intervening factor, suggesting that an unforeseeable event like third-party actions, natural occurrences, or even the victim’s own decisions were the direct causes of death, rather than the accused’s negligence. Through meticulous gathering and presentation of evidence, including expert witness testimonies and detailed reconstruction of the event, the defence aims to establish reasonable doubt about the accused’s direct and substantial role in the outcome, challenging the prosecution’s claim of criminal negligence causing death.

Lawyers specializing in criminal negligence often negotiate the dropping of criminal charges in return for a plea to a traffic offence like careless driving, as the police frequently “overcharge” someone accused of careless driving or criminal negligence causing death.

There are certain professionals and technologies available who can help examine the car damage to determine whether the actions in question that caused the accident could have been reasonably justified. An specialist in accident reconstruction, for example, might be able to offer a reasonable and plausible explanation by using computer models to reconstruct the events leading up to the incident in question.

Workplace Accidents and Criminal Negligence

Corporations can be held criminally responsible for acts of negligence that lead to workplace accidents, highlighting the significant responsibility of businesses to maintain safety standards. The notion of corporate criminal liability is essential in ensuring that businesses comply with their duties toward the safety and well-being of their employees. Where a corporation is convicted of criminal negligence, specifically resulting in death, the sentencing process and

Corporate Sentencing Processes

In cases where a corporation is found guilty of criminal negligence causing death, the sentencing aims to reflect both punishment and deterrence. Unlike specific people, corporate entities cannot be incarcerated. As a result, fines are the most common form of penalty. Moreover, the Court might also impose other significant sanctions, including:

Probation Orders: These orders may demand the corporation to make changes to its policies and practices to enhance safety standards and adherence with regulations.

Publicizing the Conviction: Courts may order a corporation to publicly inform the public of the conviction and the circumstances surrounding it through means such as the media. This serves as a reputational penalty and a deterrent to others.

Regulatory Monitoring: More careful scrutiny and monitoring by regulatory bodies might be ordered by the Court to affirm the accused’s ongoing compliance with outlinedsafety standards.

What are the Objectives of Sentencing in a Corporate Setting?

The objectives of sentencing in cases of corporate criminal negligence are multifaceted:

Deterrence: Both specific deterrence (deterring the accused corporation from commiting similar infractions in the future) and general deterrence (preventing other corporations from making the same mistakes by showing them that there will be penalties involved).

Denunciation: Publicly expressing disapproval and condemnation of the actions that resulted in the criminal negligence, emphasizing how important it is to set out sufficient safety procedures.

Reparation: Encouraging or mandating that corporations provide restitution or reparation for damages caused to the victims. This might come in the form of compensation to victims or their families.

Employer Liability and Sentencing

In certain scenarios, individuals within the corporation, such as executives or managers, can also be held personally responsible and thus face criminal charges if their conduct or negligence contributed to the harmful outcome. This can result in individuals being sentenced to incarceration. This represents the level of personal responsibility that people holding managerial positions have to prevent workplace accidents through safety protocols, procedueres, and standards.