Criminal Negligence

Criminal Negligence

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.


    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.