Chockstone Forum

      Sponsored By
      ROCK
   HARDWARE

Chockstone Photography

Australian Landscape Prints

Chockstone Forum - Accidents & Injuries

Report Accidents and Injuries

Topic Date User

Tito Traversa Killed in a Fall 18-May-2018 At 3:44:46 AM PThomson

Message

This is a tricky one, as the news report describes the individual as the "unofficial instructor who was on-site" the day the accident occurred... certainly seems like a relatively small amount of assumed responsibility.

If precedent plays a part in Italian Law (I'm not sure if it does, or doesn't), it seems like a particularly dangerous precedent to set.

In Australia it's unlikely such a charge would win out:

"In order to establish manslaughter by criminal negligence, it is sufficient if the prosecution shows that the act which caused the death was done by the accused consciously and voluntarily, without any intention of causing death or grievous bodily harm but in circumstances which involved such a great falling short of the standard of care which a reasonable man would have exercised and which involved such a high risk that death or grievous bodily harm would follow that the doing of the act merited criminal punishment"

To be honest, I DON'T think it SHOULD win out (unless the individual in question was a paid professional in the field).

Regards,

- Paul