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Toronto Criminal Negligence LawyerMichael P. Juskey is a Toronto Criminal Negligence lawyer that can help you avoid jail and a criminal record. Criminal negligence is a serious offence which is defined in section 119 of the Criminal Code of Canada. It is a result crime that is commonly laid in motor vehicle cases which involve impaired driving, street racing and/or excessive speeding. Section 120 of the Criminal Code outlines of the offence of Criminal Negligence Causing Death. Section 121 sets out the offence of Criminal Negligence Causing Bodily Harm. The Criminal Code defines Criminal Negligence as:
The crown attorney must prove beyond a reasonable doubt that the accused’s conduct showed a marked departure from the conduct of a reasonable person in the circumstances. The crown attorney must also establish that a reasonable person in the same circumstances would have foreseen that the conduct in question posed a risk of bodily harm. These can be difficult cases for crown attorneys to prove at trial as the evidence involves assessing what a reasonable person would have done or foreseen. This evidentiary burden as well as the criminal standard of proof (beyond a reasonable doubt) often result in serious matters of this nature proceeding to trial.
Causing Bodily Harm by Criminal Negligence is a straight indictable offence which means the crown does not have the option of proceeding summarily (considered less serious as there is a maximum penalty of a $5,000 fine and/or 6 months in jail). The maximum sentence for this offence is ten years in a penitentiary.
Causing Death by Criminal Negligence is a straight indictable offence. The maximum penalty in any case is life in prison. If a firearm was used in the commission of the offence, the mandatory minimum sentence is four years in a penitentiary.