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QLD Can Person be Prosecuted for Breach of Duty of Care?

Discussion in 'Criminal Law Forum' started by Dwayne Harry, 31 July 2016.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi, can somebody tell me if a person breaches a Duty of Care, can they be prosecuted under Criminal Law as well as Civil Law if the breach is deliberate and causes psychological, financial, and physical harm to the other person?
     
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  2. DMQC

    DMQC Well-Known Member

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    If you mean can someone be charged with a crime and have civil action taken against them for the same incident then yes, certainly can :)
     
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  3. Sophea

    Sophea Well-Known Member

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    Yes, can you elaborate on the circumstances?
     
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  4. Tim W

    Tim W Lawyer
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    Why try and run a second action using a higher standard of proof?
    Makes no sense.
     
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  5. DMQC

    DMQC Well-Known Member

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    Agree with Tim. However I took the view the OP wanted to take action after a defendant was found guilty in a criminal court. Just a guess though, no basis for this position.
     
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  6. Tim W

    Tim W Lawyer
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    Whereas I read it as wanting a "second bite" in the criminal jurisdiction,
    after a civil matter had been concluded.

    If so, I would hope that the damage described by the OP
    was part of the submissions on sentence,
    even if not part of the facts founding the offence itself.
     
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  7. DMQC

    DMQC Well-Known Member

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    Agreed, would certainly improve the situation - I simply thought the OP would have referred to a "crime" (I.e. Section of the Act) as opposed to "prosecuted for breach of Duty of Care". Hopefully OP can provide more detail soon.
     
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