M1 - Learner Manual

Civil negligence, such as that discussed above, is very different from criminal negligence. Criminal negligence is not an offence in itself, it is rather a factor considered by courts when deciding the guilt of an accused for certain defined criminal offences (e.g. manslaughter by criminal negligence, negligent driving, causing grievous bodily harm by a negligent act or omission, etc.). Criminal negligence requires a greater degree of culpability than civil negligence.  

In order to be found guilty of a criminal offence generally, an accused must be shown to possess a guilty state of mind (‘mens rea’) at the time of committing the offence. For example, where it can be shown that an accused physically assaulted a victim, it must further be proven that the accused had an intention to assault the victim. If for example, an accused was going to shake a person’s hand and in doing so accidentally crushed it, he will not be guilty of assault. If however, the prosecution can prove that in shaking the person’s hand, the accused had the intention to crush it, then it’s likely they will be guilty of assault.

There are certain offences however, where the requirement of the accused possessing a guilty mind or criminal intent is not necessary. In some instances, recklessness or negligence will satisfy the mental element of a crime. To convict an accused of criminal negligence the prosecution must still prove the three elements of negligence as set out above, but they must go further and prove that the particular negligence was of such a serious degree that it amounted to a crime.

Following are some examples of criminal negligence: 

A person who drives 40 km/hr over the speed limit in a really dangerous way and who causes a car accident and injures.

A person who breaks texting-and-driving laws and who causes an accident whilst typing a text message resulting in someone’s death.

A nurse in a nursing home who forgets to feed a patient who cannot feed himself, causing the patient to starve to death.

A caregiver in a hospital who isn't paying attention and who gives someone a deadly dose of a medication.

A doctor who prescribes addictive drugs to a known drug addict because he gets paid for his services.