Criminal negligence under s 58(3) of the Road Transport (General) Act 2005 (NSW) requires proof that the consignee's conduct was negligent — it is not sufficient merely to prove that the consequences were foreseeable. Section 232(1) does not permit aggregation of the states of mind of the same employee at different times, or of different employees, to establish corporate criminal liability. A prosecution is bound by its particulars and the conduct of its case at trial, and will not be permitted to raise a new case on a second appeal.
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