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Under sections 219 and 220 of the Criminal Code, a person is criminally negligent where in doing something or failing to do something that it is their duty to do shows wanton or reckless disregard for the lives or safety of others
To secure a conviction for criminal negligence causing death, the prosecution typically needs to prove the following elements:
- The accused person owed a legal duty to the victim.
- The accused person's conduct showed a marked and substantial departure from the standard of care that a reasonable person would have exercised in the same circumstances.
- The accused person's conduct caused the death of the victim.
Penalties for this offence can be severe, including a potentially lengthy prison sentence. The specific penalties can vary depending on various factors, such as the severity of the negligence, the circumstances of the case, and the criminal record of the accused.