Criminal Negligence is one area of the law where a guilty finding might be made if some offence occurred, even though the accused didn’t intend for that offence to occur. But there does have to be a “wanton or reckless” behaviour or a duty upon a person to do something to prevent harm. Essentially, if the person accused of Criminal Negligence did not act in a manner that would be considered the appropriate manner in which to act, or with disregard to how their actions might affect another person, or if they had a duty to act in a manner that would not harm others, then Criminal Negligence might be made out. Criminal Negligence charges are often laid in relation to firearm “accidents”, or in leaving children in vehicles, or in situations where a person has a duty to assist another, beyond a moral duty.
It depends. As a parent, spouse, teacher, daycare provider, or medical or emergency professional, you may have an obligation to assist your child (not limited to biological children), your spouse, or the person in your care. Example: In cases of Criminal Negligence, as an owner of a firearm, there are regulations in place to ensure no harm comes to another individual. If you as the owner, have done something, or not done something to ensure that firearm was kept and used in a manner consistent with the laws, and harm has come to another individual, then Criminal Negligence may be made out.
It is important to talk to a lawyer as soon as possible. There is no obligation to talk to the police, and in fact, you have a legal right to remain silent. In Criminal Negligence, the Crown must prove that your actions or inactions fell much below the standard of care one might expect from the average or reasonable person. This means there is lots of room for creative argument to suggest that whatever happened was not criminal negligence in the first place.
- Amy Komocsi
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- I Am
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I was referred to John through the Law Society to assist me on a very stressful legal matter. He was very responsive and confident we could achieve positive results.He guided me through every step of the process and ultimately had my charges withdrawn! It was so much more than I had hoped for! Thank you John for all your hard... Read more
- Ben Hudson
Experienced excellent legal representation from John at East Law. He built a strong case and handled everything in a prompt and diligent manner. I was thoroughly impressed by his trial experience and preparedness. His cross-examination made all the difference to get the desired outcome. Everything was communicated to me effectively and efficiently throughout the entire process. Would highly recommend John... Read more
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John East is an amazing defense lawyer, he takes his time to understand what the case is about and is determined to find the best way to defend it. In addition, John made sure to update me as my case progressed and that I understood what was happening at every step. As a result, John was able to resolve the... Read more
ABOUT JOHN EAST
B.A. (Hons), M.A., J.D.
John East lives for a fight. He is not afraid to throw a punch and is certainly not afraid to take a punch. He then became a Criminal Defence Lawyer. Having spent many years working on a farm, John East understands that hard work is what wins out at the end of the day. He applies this motto to every case that he defends, no matter what.LEARN MORE