INTRODUCTION AND BRIEF DESCRIPTION
Anyone who causes the death of another person while committing an impaired driving offence can be sentenced to up to 14 years imprisonment.
SECTION WORDING
249(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
EXPLANATION
Section 249(4) of the Criminal Code of Canada deals with impaired driving causing death. According to this section, anyone who commits an offense under subsection (1) and causes the death of another person is guilty of an indictable offense. Subsection (1) refers to impaired driving or driving while exceeding the legal blood alcohol limit. The potential punishment for this offense is imprisonment for a term not exceeding fourteen years. This indicates the severity of the crime and shows that the Canadian legal system takes impaired driving causing death seriously. It is important to note that impaired driving causing death is preventable. Canada has strict laws and regulations in place to ensure that people do not drive while under the influence of drugs or alcohol. These laws include harsh penalties like fines, license suspensions, and even imprisonment. Despite these strict laws, impaired driving remains a prevalent issue in Canada. To reduce the number of impaired driving incidents, the Canadian government and law enforcement agencies encourage people to make responsible decisions, use designated drivers, and take public transportation when necessary. In conclusion, Section 249(4) of the Criminal Code of Canada emphasizes the seriousness of impaired driving causing death. It serves as a reminder that impaired driving is a preventable crime that can have severe consequences for both the offender and the victim's families.
COMMENTARY
Section 249(4) of the Criminal Code of Canada is an extremely important provision, as it sets out the penalties that apply in cases where a person is convicted of causing death while operating a vehicle under the influence of drugs or alcohol. The provision serves as a deterrent to drivers who may be tempted to consume drugs or alcohol and drive, and sends a strong message that this type of behavior will not be tolerated by the criminal justice system. The penalties outlined in Section 249(4) are severe, with a maximum prison term of fourteen years. This reflects the seriousness of the offense, and the fact that driving under the influence is a major contributor to traffic fatalities and injuries. According to statistics from Transport Canada, impaired driving accounted for 22% of fatal motor vehicle accidents in 2016, and 33% of all motor vehicle deaths involved alcohol or drugs. In addition to the potential for imprisonment, those convicted of causing death while operating a vehicle under the influence also face other consequences such as fines, suspension of their driver's license, and increased insurance premiums. These penalties can have a significant impact on an individual's life and livelihood, and serve as additional deterrents to engaging in this type of behavior. It is worth noting that Section 249(4) does not apply to cases where a person is convicted of causing bodily harm while driving under the influence. In these cases, penalties are set out in Section 249(3) of the Criminal Code, which provides for a maximum penalty of ten years' imprisonment. While the penalties are not as severe as in cases where death is caused, they still reflect the serious nature of impaired driving and the harm it can cause. Overall, Section 249(4) of the Criminal Code of Canada is an important provision that serves to address the problem of impaired driving and its consequences. While the penalties are severe, they are necessary in order to send the message that this type of behavior is unacceptable and will not be tolerated. As such, it is crucial that law enforcement, prosecutors, and the courts continue to take impaired driving seriously, and work to ensure that those who engage in this behavior are held accountable for their actions.
STRATEGY
Section 249(4) of the Criminal Code of Canada deals with the offence of impaired driving causing death. This section is a serious criminal offence, and any person convicted of this could face imprisonment for a term not exceeding fourteen years. When dealing with this section of the Criminal Code of Canada, there are various strategic considerations that should be taken into account. This article will explore some of these strategic considerations and strategies that can be employed. One of the most significant strategic considerations concerning impaired driving causing death is the prosecution burden of proof. The prosecution must prove beyond a reasonable doubt that the accused committed the offence of impaired driving causing death. This means that the accused must be proven to have been driving while impaired and that this impairment was the direct cause of the death of another person. The prosecution must establish a clear and causal link between the accused's impaired driving and the death of the victim. To mitigate the impact of this high evidentiary standard, strategic defense counsel can raise a variety of challenges. One of these challenges is the accuracy and reliability of the toxicology report. The report must abide by exacting scientific standards, and the defense can test the validity of the report by examining the laboratory's testing procedures and protocols. If any errors are discovered, the reliability of the results could be compromised, leading to a dismissal of charges. Another strategic consideration when dealing with this section of the Criminal Code is plea bargaining. In most cases, the prosecution will begin setting the stage for sentencing at an early stage. If the evidence is overwhelming, strategic defense counsel may consider negotiating a plea bargain that will result in a lesser sentence. This downward departure from the mandatory sentence can be a significant relief. Other strategic considerations when dealing with Section 249(4) include the pre-trial information gathering process, such as investigating the events that led to the charges, evaluating the evidence, and identifying potential witnesses. To this end, the defense counsel may engage the services of a private investigator to perform a comprehensive investigation. To the extent that the case goes to trial, the tactical debates will center on whether the prosecution has enough evidence to support their allegations beyond any reasonable doubt. In conclusion, section 249(4) of the Criminal Code of Canada is a severe criminal offence that carries significant penalties. When facing allegations of impaired driving causing death, defendants may use a range of legal strategies to mitigate the impact of these charges. Strategic consideration of the prosecution's burden of proof, investigation, plea bargaining, and evaluation of the evidence can play a role in achieving a positive outcome. Overall, early consultation with an experienced defense counsel is the best recourse for defendants charged with this offence.