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8 Cards in this Set
- Front
- Back
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How behaviour can amount to criminal negligence |
•Does not involve any specific act. Any act that shows reckless disregard for others can lead to liability for criminal negligence |
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Explain 2 essential elements which compromise a criminally negligent omission |
1. There must be a legal duty to act 2. The failure to act must show a reckless disregard for the lives & safety of others |
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Distinguish between Civil & Criminal negligence |
• A person is Civilly negligent if he or she fails to meet the standard of a reasonable person • They are Criminally negligent if their conduct is a "marked & substantial departure" from the conduct of a reasonable person |
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Disclose 2 approaches the crown can use to establish that an accused persons behaviour was a "marked & substantial departure from the conduct of a reasonable person" |
1. Was the accused aware of the risk being taken 2. Would a reasonable person in the position of the accused have been aware of the risk |
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Name 2 offences of criminal negligence |
1. causing death 2. causing bodily harm |
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List 3 (of 6) persons who have a duty to provide the necessaries of life under 215 of the code |
1. Parents 2. Foster parents 3. Guardians |
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Describe the "necessaries of life" |
1. Food 2. Shelter 3. Clothing 4. Medical treatment 5. Protection from harm |
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Explain 2 of the essential elements of child abandonment |
1. Willful omission to take charge of a child by a person who is under legal duty to do so. 2. Dealing with a child in a manner that is likely to leave that child exposed to risk |
