· R. v. Titchner (1961,
– Sets out a test for criminal negligence, to be convicted the jury must be convinced beyond a reasonable doubt that the acc used acted either (based on the notion of liability in tort):
(1) with the deliberate intention of doing or omitting to do something which it was his duty to do, the consequences of which he should have known would endanger the safety of others
(2) had such disregard for the lives and safety of others as would indicate that he was heedless of what the consequences of his conduct might be.
Note From Ken Cressey
I can understand a one time event, an error in judgment but not continuous and prolonged . There was a full understanding of the concerns and all ignored prior to any work done on the site.
I can understand a one time event, an error in judgment but not continuous and prolonged . There was a full understanding of the concerns and all ignored prior to any work done on the site.
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