Lazarus wrote:@fionn
Criminal negligence in nsw:
Offences in NSW
It's not worth arguing over mate, although you and Ziad seem determined to do so, but the law is clear, if you wish to believe otherwise despite the evidence, that is your right..
There is no arguing, as you don't have an argument, you are simply mistaken or don't know any better.
Nothing you have posted disagrees with what I have said and there is nothing in what you posted about being found guilty of criminal negligence for first responders.
The injury or death of first responders have nothing to do with traffic laws.
What Gibbs and Wright Litigation Lawyers wrote is about civil legal negligence, not about criminal negligence. Maybe you missed the bit where they say they are civil & commercial litigation lawyers
You don't even seem to understand there is a very big different between the 2 and they have little to nothing in common.
As you clearly don't understand it, I will explain it very briefly. Criminal negligence is a common law offence, generally to be found guilty of a common law offence their needs to be an element of Mens rea. Criminal negligence doesn't require Mens rea and as such the court places a much higher bar for the person to be convicted of it, otherwise the law would unfairly punish the less educated, less intelligent or for simple bad luck. As you don't have the defence of "I didn't know"
To be found guilty of Criminal negligence the person must have owed the victim a certain level of care. they must have breached their duty of care through negligence or recklessness. The person must have voluntarily breached their duty and that their actions led to the injury or death of another.
Note* Duty of care and negligence or recklessness are very complex area of common law, that aren't defined and depend on individual circumstance and case law plus a myriad of other things that take a lot of books to explain how its applied.
But to be 100% clear, you as a person being rescued by a first responder no matter for what reason you found yourself in the need of help have no duty of care to the first responder.