| RECOMMENDATION 56
The model Act should provide that in a case of very high culpability (involving recklessness or gross negligence) in relation to non-compliance with a duty of care where there was serious harm (fatality or serious injury) to any person or a high risk of such harm, the highest of the penalties under the Act should apply, including imprisonment for up to five years.
Note: This would be a Category 1 case in our recommended 3 category system. Recommendation 57 proposes a range of penalties for each category and for the holders of the various recommended types of duty.
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