section 255(2.2)

INTRODUCTION AND BRIEF DESCRIPTION

Anyone who causes an accident resulting in bodily harm while impaired and knows or should know it is committing an indictable offence and could be sentenced to up to 10 years in prison.

SECTION WORDING

255(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

EXPLANATION

Section 255(2.2) of the Criminal Code of Canada outlines the offence of causing bodily harm while impaired. It applies to individuals who commit an offence under subsection 254(5) of the Criminal Code, which deals with impaired driving. This section makes it clear that if a person is operating a motor vehicle, vessel, aircraft, or railway equipment while impaired and causes an accident that results in bodily harm to another person, they can be charged with an indictable offence. An indictable offence is a serious crime that carries a maximum penalty of 10 years in prison. To be guilty of this offence, the person must have known or ought to have known that their impaired operation of the vehicle or equipment caused the accident and resulting bodily harm. This means that even if the person did not intend to cause harm, they can still be charged if it was clear that their impairment led to the accident. This section is important because it highlights the gravity of impaired driving and the potential harm it can cause to others. It serves as a warning to individuals who choose to drive while impaired that they will be held accountable for their actions if they cause harm to others. The penalties outlined in this section are severe to reinforce the importance of responsible driving, and to deter others from engaging in this dangerous behaviour.

COMMENTARY

Section 255(2.2) of the Criminal Code of Canada is a provision that is aimed at addressing the issue of impaired driving resulting in bodily harm caused to another person. The provision applies to individuals who commit an offence under subsection 254(5) of the Criminal Code, which prohibits driving while impaired by drugs or alcohol, and who know or ought to know that their operation of a motor vehicle, vessel, aircraft, or railway equipment caused an accident that resulted in bodily harm to another person. The provision imposes severe penalties on such individuals, as they are guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. The penalty is intended to serve as a deterrent to individuals who may consider operating a vehicle while impaired, as it places a significant emphasis on the consequences of such behavior, particularly in cases where bodily harm results. The provision also highlights the importance of responsibility and awareness while operating a vehicle, vessel, aircraft, or railway equipment, as the individual is said to ought to know" about the risk that they pose to others when they engage in impaired driving. This is a crucial aspect of the provision, as it recognizes that the individual has a duty to act responsibly and take reasonable steps to prevent harm to others while operating a vehicle. Furthermore, the provision addresses the issue of accidents resulting from impaired driving, which can have devastating effects on victims and their families. Accidents resulting from impaired driving are often preventable and involve an individual choosing to engage in behavior that is highly dangerous and puts the lives of others at risk. The provision aims to hold such individuals accountable for their actions and prevent future occurrences of impaired driving leading to bodily harm. In conclusion, Section 255(2.2) of the Criminal Code of Canada is a provision that is aimed at addressing the serious issue of impaired driving leading to bodily harm. The provision imposes severe penalties on individuals who engage in such behavior, recognizing the importance of responsibility and awareness while operating a vehicle. The provision also seeks to prevent future occurrences of impaired driving leading to bodily harm by holding individuals accountable for their actions and highlighting the consequences of such behavior.

STRATEGY

Section 255(2.2) of the Criminal Code of Canada deals with the offence of causing bodily harm while operating a motor vehicle, vessel, aircraft or railway equipment under the influence of alcohol or drugs. This provision imposes serious consequences on those who commit such an offence, and as such, it is important for individuals and organizations to understand the strategic considerations when dealing with this section of the Criminal Code. One of the key strategic considerations when dealing with section 255(2.2) is the severity of the offence. This provision imposes a maximum sentence of 10 years' imprisonment for those who cause bodily harm while operating a vehicle or equipment while impaired. The severity of the offence means that those accused of this crime may face significant consequences, including imprisonment, a criminal record, and damage to their reputation. Another important strategic consideration is the evidence required to secure a conviction under this section. Prosecutors must prove that the accused caused an accident resulting in bodily harm to another person while operating a vehicle or equipment under the influence of drugs or alcohol. This can be a difficult task, as it requires the prosecution to establish a causal link between the accused's impaired driving and the accident. In light of these strategic considerations, there are several strategies that can be employed when dealing with section 255(2.2) of the Criminal Code. One of the most effective strategies is to retain experienced criminal defence counsel. A skilled defence lawyer can help the accused understand their legal rights and options, and provide guidance on how to defend against the charges. Another key strategy is to carefully review the evidence against the accused. In some cases, there may be legal or factual issues that can be raised to challenge the prosecution's case. For example, the accused may be able to argue that they were not impaired at the time of the accident, or that there was some other cause of the accident. A thorough review of the evidence can help identify these potential defences. It may also be possible to negotiate a plea deal with the prosecution. A plea deal involves the accused admitting guilt to a lesser charge in exchange for a reduced sentence. This strategy may be useful in cases where the evidence against the accused is strong, and the potential consequences of a conviction are severe. Finally, it is important to consider the potential consequences of a conviction under section 255(2.2) of the Criminal Code. In addition to the possibility of imprisonment and a criminal record, a conviction can have long-lasting impacts on an individual's personal and professional life. As such, it is important to carefully consider all strategic options and make an informed decision about how to proceed. In conclusion, section 255(2.2) of the Criminal Code of Canada imposes serious consequences on those who cause bodily harm while operating a motor vehicle, vessel, aircraft or railway equipment under the influence of drugs or alcohol. When dealing with this section, individuals and organizations should carefully consider the severity of the offence, the evidence required to secure a conviction, and the strategic options available to defend against the charges. By doing so, they can increase their chances of achieving a favourable outcome.