Reckless conduct causing death or serious injury by person with duties under section 9
10 Reckless conduct causing death or serious injury by person with duties
under section 9
(1) In this section--
"conduct" includes acts or omissions.
(2) A person--
(a) whose conduct causes
the death or serious injury of another person, and
(b) who owes a duty under
section 9 when engaging in that conduct, and
(c) who is reckless as to the
danger of death or serious injury to any person that arises from that conduct,
is guilty of an offence.
: Maximum penalty--1,000 penalty units or
imprisonment for 4 years, or both, for an individual or 5,000 penalty units
for a body corporate.
(3) For the purposes of this section, a person's
conduct causes death if it substantially contributes to the death.
(4) If, on
the trial of a person for an offence against this section, the jury is not
satisfied that the offence is proven but is satisfied that the person has
committed an offence against section 9, the jury may acquit the person of the
offence charged and find the person guilty of the offence against section 9,
and the person is liable to punishment accordingly.