Part 8 Crimes against the person

Duties tending to the preservation of life

150A Standard of care applicable to persons under legal duties or performing unlawful acts


This section applies in respect of—


the legal duties specified in any of sections 151, 152, 153, 155, 156, and 157; and


an unlawful act referred to in section 160 where the unlawful act relied on requires proof of negligence or is a strict or absolute liability offence.


For the purposes of this Part, a person is criminally responsible for omitting to discharge or perform a legal duty, or performing an unlawful act, to which this section applies only if, in the circumstances, the omission or unlawful act is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies or who performs that unlawful act.

Section 150A: replaced, on 19 March 2012, by section 6 of the Crimes Amendment Act (No 3) 2011 (2011 No 79).