'Negligence' in document 'Saint Lucia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Causing an Event

Causing event by involuntary agent
52.— (1) Where a person intentionally, recklessly or negligently causes any involuntary agent to cause an event, that person shall be deemed to have caused the event.

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Causing an Event

Several persons causing event
53.— (1) Where an event is caused by acts of several persons acting either jointly or independently, each of those persons who has intentionally, recklessly or negligently contributed to cause the event shall, subject to the provisions of Part IV of this Chapter, be deemed to have caused the event.

CHAPTER ONE
General Provisions

PART III
LIABILITY AND MENS REA

Negligence and Recklessness

Definition of negligence
58. A person causes an event negligently, if without intending to cause the event, he or she causes it by a voluntary act done —
(a) without such skill and caution as are reasonably necessary under the circumstances; or
(b) without such skill and caution as in the particular case he or she is bound by law to exercise for the purpose of preventing the causing of the event.


Negligence where act likely to cause unjustifiable event
59. Where an act is such that, notwithstanding the exercise of skill and caution, it is likely to cause an event which there is no justification for causing, the act (if not done with intent to cause that event), is negligently done with reference to causing that event, even though it is done with skill and caution.