CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 5 — GENERAL ELEMENTS OF AN OFFENCE

Division 3 — Fault Elements of an Offence

Fault elements

18.— (1) A fault element for a particular physical element may be intention, knowledge, recklessness or negligence.

(2) Sub-section (1) does not prevent a law that creates a particular offence from specifying other fault elements for a physical element of that offence.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 5 — GENERAL ELEMENTS OF AN OFFENCE

Division 3 — Fault Elements of an Offence

Negligence

22. A person is negligent with respect to a physical element of an offence if his or her conduct involves—

(a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances ; and
(b) such a high risk that the physical element exists or will exist—

that the conduct merits criminal punishment for the offence.

CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 8 — CORPORATE CRIMINAL RESPONSIBILITY

Negligence

54.— (1) The test of negligence for a body corporate is that set out in section 22.

(2) If—

(a) negligence is a fault element in relation to a physical element of an offence ; and
(b) no individual employee, agent or officer of the body corporate has that fault element—
that fault element may exist on the part of the body corporate if the body corporate’s conduct is negligent when viewed as a whole (that is, by aggregating the conduct of any number of its employees, agents or officers).

(3) Negligence may be evidenced by the fact that the prohibited conduct was substantially attributable to—

(a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers ; or
(b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.