Australia

Criminal Code Act 1995 Vol 1

Chapter 2—General principles of criminal responsibility

Part 2.2—The elements of an offence

Division 5—Fault elements

5.5 Negligence

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

Individual criminal responsibility
Negligence



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