INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the penalties for causing bodily harm or death while operating a vehicle under the influence of drugs or alcohol.
SECTION WORDING
249.1(4) Every person who commits an offence under subsection (3) (a) if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and (b) if death was caused, is guilty of an indictable offence and liable to imprisonment for life.
EXPLANATION
Section 249.1(4) of the Criminal Code of Canada is a provision that deals with the offence of impaired driving causing bodily harm or death. This section provides for two different levels of punishment, one for cases where bodily harm has been caused, and another for cases where death has been caused as a result of impaired driving. Anyone who commits this offence is guilty of an indictable offence. If the impaired driving resulted in bodily harm, the offender is liable to imprisonment for a term of up to 14 years. If the impaired driving resulted in death, the offender is liable to imprisonment for life. The severity of the punishment reflects the seriousness of the offence and the harm that has been caused. Impaired driving is a serious crime that can have severe consequences. Impaired driving can cause accidents and lead to injuries or fatalities. The purpose of this section is to deter people from driving while under the influence of drugs or alcohol and to hold them accountable if they do cause harm. This section of the Criminal Code of Canada sends a clear message that impaired driving will not be tolerated. The penalties for this crime are severe and reflect the devastating impact that impaired driving can have. It is important for individuals to understand the gravity of this offence and to take responsibility for their actions to keep themselves and others safe on the roads.
COMMENTARY
Section 249.1(4) of the Criminal Code of Canada is a provision that deals with impaired driving causing death or bodily harm. The section sets out the penalties that a person may face when they commit the offence under subsection (3) of the same provision. Impaired driving is a serious offence that poses a significant risk to public safety. When an individual operates a vehicle while under the influence of drugs, alcohol or any other substance that impairs their ability to drive safely, they put not only their own life at risk but also the lives of other road users and pedestrians. The consequences can be catastrophic and devastating for those who are affected by the incident. Subsection (3) of this provision criminalizes the act of operating a motor vehicle while impaired and causing death or bodily harm. When an individual causes bodily harm to another person while driving under the influence, they are guilty of an indictable offence and may face a maximum sentence of up to 14 years' imprisonment. If the impaired driving leads to the death of another person, the offender is guilty of an indictable offence and may face a life sentence. These penalties are severe, and they reflect the seriousness of the offence as well as the harm that can result from such actions. The purpose of this provision is to deter individuals from driving while impaired and to protect the public. The penalties are meant to be a warning to all drivers that impaired driving is a serious offence that will not be tolerated in Canada, and that violators will face the full weight of the law. Enforcement of this provision requires police officers to be vigilant and proactive in identifying and apprehending drivers who are under the influence. It also requires prosecutors to be well-prepared and to present a strong case in court to secure a conviction. In conclusion, section 249.1(4) of the Criminal Code of Canada is a necessary provision that serves to protect the public from the dangers of impaired driving. It is important that all drivers understand the consequences of their actions and take responsibility for their behaviour on the road. By imposing severe penalties for those who cause bodily harm or death while operating a motor vehicle, this provision sends a clear message that impaired driving will not be tolerated in Canada.
STRATEGY
Section 249.1(4) of the Criminal Code of Canada is a serious offence that relates to impaired driving causing bodily harm or death to another person. When dealing with this section of the Criminal Code of Canada, it is essential to consider various strategic considerations to avoid legal troubles. The first strategy that should be employed is to seek the services of an experienced criminal defence lawyer immediately. A lawyer will be able to analyze the facts of the case and determine if there are any legal defences available to the accused. An experienced criminal defence lawyer may be able to raise defences such as involuntary intoxication, lack of intent or mistake of fact. The second strategy that could be employed is to file a Charter challenge against the law. The Charter of Rights and Freedoms guarantees fundamental rights to all citizens, including the right to life, liberty, and security of the person. An accused person could challenge the constitutionality of this law, arguing that it violates their Charter rights. The third strategy is to negotiate with the prosecutor to reduce the charges. The Crown prosecutor has the power to reduce the charges or enter into plea agreements. A well-prepared criminal defence lawyer may be able to negotiate with the prosecutor to have the charges reduced to a lesser offence, which carries a lighter sentence. This option is only available if the Crown prosecutor is willing to negotiate. The fourth strategy that could be employed is to gather evidence to challenge the prosecution's case. This strategy may be successful in cases where there are no witnesses to the incident. A criminal defence lawyer may be able to challenge the accuracy of the breathalyzer test results, the reliability of the eyewitness account, or the credibility of the prosecution witnesses. The fifth strategy is to prepare the accused for a trial and provide them with the support they need. The accused may need a psychotherapist or a support group to help them deal with the emotional trauma caused by the incident. Additionally, the criminal defence lawyer can prepare the accused for the trial by guiding them through the various stages of the legal process. In conclusion, being charged with an offence under section 249.1(4) of the Criminal Code of Canada is a serious matter that requires a strategic approach. Seeking the services of an experienced criminal defence lawyer, filing a Charter challenge, negotiating with the prosecutor, gathering evidence to challenge the prosecution case, and providing support to the accused are some of the strategies that could be employed to mitigate the consequences of the offence.