INTRODUCTION AND BRIEF DESCRIPTION
A person who commits an offense under subsection 1 and knows that bodily harm has been caused to another person involved in the accident is guilty of an indictable offense and can be imprisoned for up to 10 years.
SECTION WORDING
252(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
EXPLANATION
Section 252(1.2) of the Criminal Code of Canada is a provision that outlines strict penalties for individuals who commit an offense while operating a motor vehicle and are aware that bodily harm has been caused to another person involved in an accident. Under this provision, anyone who commits an offense under subsection (1) of Section 252, which deals with the act of driving a motor vehicle or vessel in a reckless or dangerous manner that endangers the lives or safety of others, while also knowing that bodily harm has been caused to another person, will be charged with an indictable offense. The penalties for this offense carry a maximum sentence of imprisonment for up to ten years. The purpose of this provision is to deter any reckless behavior while driving a motor vehicle and ensuring that those who engage in such conduct are held accountable for their actions. This provision is intended to address situations where an individual knowingly engages in behavior that causes harm to others while operating a motor vehicle. This could include situations where a driver is under the influence of drugs or alcohol, or simply acting in a reckless manner. The risk of bodily harm being caused to others due to reckless driving is high, and therefore, the penalties for violating this provision, while knowing that bodily harm has been caused to another person, are severe. This provision serves as a deterrent to encourage responsible driving and ensure that those who engage in reckless behavior are held accountable for their actions, ultimately promoting the safety of all road users.
COMMENTARY
Section 252(1.2) of the Criminal Code of Canada outlines the consequences for individuals who commit an offence under subsection (1) of this section, while also knowing that bodily harm has been caused to another person involved in the accident. This section is concerned with criminalizing the act of leaving the scene of an accident, often known as hit and run incidents, where an individual causes harm or damage to another person or their property and fails to stop and provide assistance. The severity of this offence is highlighted by the fact that it is categorized as an indictable offence, which carries a maximum punishment of ten years in prison. This is in contrast to a summary conviction offence, which carries a less severe punishment of a fine or up to six months in jail. The harsher punishment for this offence recognizes the potentially life-threatening consequences that can result from a hit and run, and the need for a strong deterrent to prevent these incidents from occurring. The inclusion of the requirement that the person committing the offence must have knowledge of bodily harm caused to another person involved in the accident indicates the importance of understanding the impact of a hit and run on victims. This provision recognizes the significant physical and emotional trauma that can result from a hit and run, especially if the victim is left without medical assistance or other support at the scene of the accident. In addition to the criminal consequences outlined in this section, hit and run incidents can also result in civil liability for the offender. This means that the individual may be required to pay damages to the victim, including medical expenses and compensation for pain and suffering. The potential for both criminal and civil consequences reinforces the seriousness of this offence, and serves as a further deterrent to those considering leaving the scene of an accident. Overall, Section 252(1.2) of the Criminal Code of Canada recognizes the devastating impact of hit and run incidents, and provides a strong response to this offence through the imposition of severe criminal consequences. By making it clear that leaving the scene of an accident is not only illegal, but also morally unacceptable, this section of the Criminal Code helps to protect the safety and wellbeing of all Canadians.
STRATEGY
Section 252(1.2) of the Criminal Code of Canada is a serious criminal offence that involves the knowing commission of an offence causing bodily harm to another person involved in an accident. Individuals who find themselves charged with this offence may face severe legal consequences, including imprisonment for up to ten years. As such, it is crucial to employ a strategic defence if faced with these charges. First and foremost, seeking legal representation is a necessary and prudent step. A skilled criminal defence lawyer can guide the accused person through the legal process, including explaining the charges, providing legal advice, and developing a defence strategy. The accused person should be fully transparent with their lawyer about all details of the incident leading up to the offence, as this information can be crucial in building a defence. The prosecution will be required to prove beyond a reasonable doubt that the accused person knew that bodily harm resulted from the accident they caused. This standard of proof is high, and a strategic defence may aim to create doubt as to the accused person's knowledge or intention to cause harm. One possible strategy is to argue that the accused person did not have the necessary mens rea or intent to cause harm. For example, if the person's actions were due to a mistake or lack of knowledge, it may be possible to argue that they did not intend to cause bodily harm. Another possible strategy would be to argue that the harm caused was not a direct result of the accused person's actions but rather due to other factors beyond their control. It may also be beneficial to ascertain and present evidence that illustrates the accused person's character and their lack of involvement in the criminal justice system. This evidence could include testimony from family, friends, or community members who can attest to the accused individual's positive character and lack of ill intent. Ultimately, the defence will depend on the specific details of each case. The defence strategy will often be a collaborative effort between the accused person and their legal counsel. It is essential for both parties to work closely together and to carefully analyse all the details of the case to develop a compelling defence strategy. In conclusion, being charged with an offence under section 252(1.2) of the Criminal Code of Canada is a serious matter. It is critical to employ a strategic defence when dealing with these charges. Seeking legal representation and carefully analysing all details of the case are crucial steps in developing the defence. Strategies such as challenging the prosecution's proof of mens rea, seeking to establish the accused person's lack of criminal intention, or presenting evidence of the accused person's character may all be successful in defending against these charges.