LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

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

    Joined:
    13 November 2015
    Messages:
    40
    Likes Received:
    3
    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?
     
    Timothy Longmire likes this.
  2. DMQC

    DMQC Well-Known Member

    Joined:
    29 June 2016
    Messages:
    40
    Likes Received:
    4
    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 :)
     
    Timothy Longmire likes this.
  3. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Yes, can you elaborate on the circumstances?
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    Why try and run a second action using a higher standard of proof?
    Makes no sense.
     
    Timothy Longmire likes this.
  5. DMQC

    DMQC Well-Known Member

    Joined:
    29 June 2016
    Messages:
    40
    Likes Received:
    4
    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.
     
    Timothy Longmire likes this.
  6. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    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.
     
    DMQC likes this.
  7. DMQC

    DMQC Well-Known Member

    Joined:
    29 June 2016
    Messages:
    40
    Likes Received:
    4
    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.
     

Share This Page

Loading...