7.4.7.2 - Checklist: Negligently Causing Serious Injury (From 1/7/13)

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Four elements the prosecution must prove beyond reasonable doubt:

  1. The accused owed the complainant a duty of care; and
  2. The accused breached the duty of care by being criminally negligent; and
  3. The act which breached the duty of care was committed consciously, voluntarily and deliberately; and
  4. The accused’s breach of the duty of care caused the complainant to suffer a serious injury.

 

Duty of Care

1. Did the accused owe the complainant a duty of care?

If Yes, then go to 2

If No, then the Accused is not guilty of
Negligently Causing Serious Injury

Gross Negligence

2. Did the accused breach the duty of care by being criminally negligent?

Consider – Did the accused’s conduct fall greatly short of the standard of care a reasonable person would have exercised, and involve a high risk of death or serious injury?

If Yes, then go to 3

If No, then the Accused is not guilty of
Negligently Causing Serious Injury

Conscious and Voluntary

3. Was the accused’s act which breached the duty of care committed consciously, voluntarily and deliberately?

If Yes, then go to 4

If No, then the Accused is not guilty of
Negligently Causing Serious Injury

Causation

4. Did the accused’s criminal negligence cause the complainant to suffer a serious injury?

4.1 Did the complainant suffer a serious injury?

 

 

Consider – Injury means physical injury or harm to mental health, whether temporary or permanent

Consider – Serious injury means an injury (including the cumulative effect of several injuries) that 

(i) endangers life or 

(ii) is substantial and protracted

If Yes, then go to 4.2

If No, then the Accused is not guilty of
Negligently Causing Serious Injury

4.2 Did the accused cause the complainant’s serious injury?

Consider – Was the accused’s negligence a substantial or significant cause of the complainant’s serious injury?

If Yes, then the accused is guilty of Negligently Causing Serious Injury
(as long as you have also answered Yes to questions 1, 2, 3 and 4.1)

If No, then the Accused is not guilty of
Negligently Causing Serious Injury

 

Last updated: 23 October 2019

See Also

7.4.7 - Negligently Causing Serious Injury

7.4.7.1 - Charge: Negligently Causing Serious Injury (From 1/7/13)

7.4.7.3 - Charge: Negligently Causing Serious Injury (Pre-1/7/13)

7.4.7.4 - Checklist: Negligently Causing Serious Injury (Pre-1/7/13)