Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

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.

Keywords

Mental element
Negligence



EDIT.