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

[Dwayne Harry]

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?

 

[DMQC]

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

 

[Sophea]

Yes, can you elaborate on the circumstances?

 

[Tim W]

Why try and run a second action using a higher standard of proof?
Makes no sense.

 

[DMQC]

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.

 

[Tim W]

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]

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.