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Negligent Acts Causing Harm

What the law says

Sections 328 of the Criminal Code Queensland states:

  1. Any person who unlawfully does any act, or omits to do any act which is a person's duty to do, by which act or omission bodily harm is actually caused to any person is guilty of a misdemeanour.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused did an act or omitted to do an act which it was his or her duty to do;
  2. by which bodily harm was actually caused to any person; and
  3. Such act or omission was unlawful.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Negligent Acts Causing Harm is 2 years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. It was not the duty of the accused to do the act or omit to do the act.
  2. The accused did not do the act or omit to do the act.
  3. The act or the omission of the act did not cause bodily harm to any person.
  4. The act or omission of the act was lawful.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Negligent Acts Causing Harm matters)

 

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