INTRODUCTION AND BRIEF DESCRIPTION
255(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Section 255(2) of the Criminal Code of Canada pertains to offences under paragraph 253(1)(a), also known as impaired driving. Specifically, it states that anyone who commits an offence under this paragraph and causes bodily harm to someone else as a result will be guilty of an indictable offence. An indictable offence is a serious crime that could result in a prison sentence of up to 10 years. This section of the Criminal Code is particularly important as it helps to deter individuals from operating a vehicle under the influence of drugs or alcohol. By stating the potential consequences of causing bodily harm while committing this offence, individuals are more likely to think twice before getting behind the wheel while impaired. Moreover, Section 255(2) serves as a form of justice for those who may have been injured as a result of an impaired driver. It ensures that the offender is held accountable for their actions and that they face the appropriate consequences. In conclusion, Section 255(2) plays a critical role in the Canadian legal system. It aims to prevent impaired driving by highlighting the potential repercussions and provides justice for those who may have been injured as a result of this offence.
Section 255(2) of the Criminal Code of Canada deals with impaired driving causing bodily harm. This section imposes heavy criminal sanctions against persons who commit offences under paragraph 253(1)(a) and cause bodily harm to others as a result. Impaired driving is a serious offence that has the potential to cause catastrophic harm, not only to the driver but also to innocent bystanders. Thus, the existence of this section is necessary to deter individuals from engaging in this dangerous behaviour and to hold them accountable for the harm caused. An offence under paragraph 253(1)(a) involves operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. The law deems an individual to be impaired if their ability to operate a motor vehicle is impaired to any extent by the use of alcohol, drugs, or a combination of both. The bodily harm referred to in section 255(2) refers to any physical injury caused as a result of the impaired driving. The maximum penalty for an offence under section 255(2) is ten years' imprisonment. The sentence indicates the gravity of the offence of impaired driving causing bodily harm. The courts apply a range of factors when considering the appropriate sentence, including the seriousness of the injury caused, the offender's prior record, the degree of culpability, and the nature of the offender's substance abuse, among others. The existence of Section 255(2) and its harsh punishment reflects Canada's seriousness about preventing the harm caused by impaired driving. This section serves as a deterrent to those considering impaired driving. The severity of the punishment serves as a warning that impaired driving and the bodily harm it can cause is not acceptable and could cause significant legal repercussions. Moreover, section 255(2) acknowledges the harm done to victims of impaired driving. It is important to hold offenders accountable for the harm they cause, as it makes it clear that impaired driving is not a victimless crime. Impaired drivers can cause lifelong suffering for their victims and severely impact their families. The law may provide for restitution to the victim as a form of redress for the harm suffered. In conclusion, every year, countless lives are lost or inevitably altered as a result of impaired driving. Section 255(2) of the Criminal Code of Canada provides a meaningful legal response to such negligence. It sends a clear message that impaired driving is a grave offence with severe consequences and, ultimately, reflects the high value Canada places on the sanctity of human life. Imposing such severe sentences not only creates a deterrent effect preventing future offences but also demonstrates the criminal justice system's intolerance of harmful behaviour. It is essential to continue promoting responsible driving and to raise public awareness of the dangers, repercussions and legal penalties of impaired driving.
Section 255(2) of the Criminal Code of Canada specifies the punishment for those who commit impaired driving and cause bodily harm to another person. This offence is considered highly serious, and it is necessary to take strategic considerations when dealing with this section of the Criminal Code of Canada. In this essay, I will discuss the strategic considerations that the defendant's lawyers and the Crown prosecutor must keep in mind when dealing with this section of the Criminal Code of Canada. The first and foremost strategic consideration is to examine the evidence presented in the case. The defendants' lawyers and Crown prosecutor must examine all the evidence provided by the police, witnesses, and victims to determine the strength of the case. The evidence must also be evaluated by experts, such as accident reconstruction specialists, toxicologists, and medical professionals. This evaluation of evidence will help lawyers to construct a strong case in favour of their client or for the Crown prosecutor to present a clear case to the jury. Another strategic consideration is plea bargaining. Defendants may plead guilty to charges of impaired driving and causing bodily harm to a person if the Crown agrees to reduce the sentence or drop other charges. It is essential to understand that plea bargaining is not always a straightforward process, and skilled lawyers and Crown prosecutors must negotiate with one another to reach an agreement that both sides can be satisfied with. Apart from plea bargaining, it is crucial to consider the circumstances surrounding the event leading to the offence. Some situations could warrant a more or less severe sentence. For example, if the defendant was a first-time offender and demonstrated remorse, it may be possible to negotiate a reduced sentence. The mental state of the defendant may also be a factor, and the Crown may need to have an in-depth psychological evaluation of the defendant. A strategic consideration for defendants' lawyers is hiring a skilled expert witness to testify in their defence. Expert witnesses may provide evidence that contradicts the prosecution's evidence and can assist the defence case. For example, a toxicologist may testify that the defendant's blood alcohol level was not high enough to cause such harm to the victim. The Crown may also rely on expert witnesses to support its case. Lastly, it is essential to consider the potential consequences of a guilty verdict. If found guilty, the defendant may face ten years in prison, and this is a severe punishment. With this in mind, a defendant may decide to fight the case with all available means. In conclusion, dealing with Section 255(2) of the Criminal Code of Canada requires careful strategic considerations. The Crown prosecutor and the defendant's lawyers must critically examine evidence, engage in plea-bargaining, evaluate the surrounding circumstances, and consider the potential outcomes of a guilty verdict. In doing so, they will be able to construct strong cases either in favour of their clients or for the Crown prosecutor to present before the jury.