Criminal Code of Canada - section 255(3.2) - Failure or refusal to provide sample death

section 255(3.2)

INTRODUCTION AND BRIEF DESCRIPTION

If someone drives drunk and causes an accident resulting in death or bodily harm, they can be charged with an indictable offence and face life imprisonment.

SECTION WORDING

255(3.2) 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 the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

EXPLANATION

Section 255(3.2) of the Criminal Code of Canada outlines the penalty for a specific offence related to impaired driving. This offence occurs when someone causes an accident resulting in the death of another person or bodily harm to someone who later dies, and at the time of the accident, the person knows or should have known that their operation of a motor vehicle, vessel, aircraft, or railway equipment was impaired. This offence is punishable by imprisonment for life. This section is an important addition to the Criminal Code because it addresses a situation where someone causes harm to another person as a result of their impaired driving, even if they did not intend to cause harm. It recognizes that individuals have a responsibility to act reasonably and prevent harm when they are operating such dangerous machinery. By recognizing how alcohol or drug impaired driving can cause fatal accidents and injuries, this section aims to hold individuals accountable for the harm caused. The severity of the punishment for this offence reflects how seriously Canada takes impaired driving and the harm it can cause. It also illustrates the importance of taking preventative measures, such as designated drivers, public transportation, or driving sober, to avoid dangerous situations and reduce the likelihood of causing harm to oneself or others. Overall, section 255(3.2) serves as a reminder of the importance of responsible driving and the potential tragic consequences of failing to comply with this responsibility.

COMMENTARY

Section 255(3.2) of the Criminal Code of Canada holds individuals accountable for the consequences of their actions while operating a motor vehicle, vessel, aircraft or railway equipment. This code makes it clear that individuals who are aware, or should reasonably be aware, that their actions may lead to a fatal accident or bodily harm to another person, are guilty of an indictable offense. The law is enacted to ensure that reckless or negligent activities that lead to fatalities or bodily harm are met with severe legal action. The Canadian Criminal Code identifies four types of motor vehicle-related offenses: impaired driving, driving with a blood alcohol concentration above the legal limit, refusing to provide a breath sample, and causing an accident that leads to injury or death. Section 255(3.2) deals specifically with the last offense. The consequences when convicted are severe: individuals face a potential sentence of life imprisonment and are subject to a criminal record. The law is intended to hold individuals accountable for their actions. It is an important reminder that operating a motor vehicle, vessel, aircraft or railway equipment is a responsibility that comes with significant consequences. Drivers, operators, and navigators must always act with caution and awareness of their surroundings. The law sanctions those who do not. The aim of the law is to decrease accidents, injuries, and fatalities resulting from careless or reckless actions while operating a vehicle, vessel, aircraft, or railway equipment. It emphasizes that driving under the influence of drugs or alcohol, or driving in a reckless and dangerous manner that could result in accidents, may lead to the death or injury of someone else and put the responsible driver at risk of being charged with a severe crime. Driving under the influence of alcohol or drugs, or while drowsy or distracted, can significantly impact an operator's reaction time. Such impaired driving can lead to accidents, death, and injury. Section 255(3.2) recognizes this risk and provides a judicial consequence for individuals who cause an accident that leads to another's death or injury as a result of impaired driving. The law emphasizes the importance of responsible driving. It is the responsibility of all drivers to operate their vehicles safely and with caution. When drivers recognize the potential danger of their actions, they must adjust their behavior to ensure the safety of themselves, their passengers, pedestrians, and other road users. In conclusion, Section 255(3.2) of the Criminal Code of Canada highlights the severity of driving irresponsibly. It provides a clear message that endangering others' lives and safety by driving under the influence or driving recklessly is unacceptable. The law serves as a reminder of the importance of safe driving and reinforces the safety and well-being of all individuals who share the roadways. Prosecuting individuals under this code should not just be a means of punishment, but a way of discouraging future risky behavior behind the wheel. It encourages every driver to approach driving with the highest degree of care and commit to shared road safety, not just for themselves but for the safety of everyone on the road.

STRATEGY

Section 255(3.2) of the Criminal Code of Canada deals with impaired driving causing death or bodily harm. This offence is considered to be one of the most severe criminal offences in Canada. It attracts a significant custodial sentence, which can range from 1 year to life imprisonment. As such, it is essential to understand the strategic considerations when dealing with this section of the Criminal Code of Canada. The first strategic consideration when dealing with this section of the Criminal Code of Canada is to understand the severity of the offence. The crown will prosecute this offence vigorously, and the accused must understand that he/she is facing a significant custodial sentence if convicted. As such, the accused must retain competent criminal counsel to explore all the possible defenses available to him/her. The second strategic consideration is to understand the legal elements of the offence. For the crown to prove this offence, it must establish that the accused operated a motor vehicle, vessel, aircraft, or railway equipment while impaired and caused an accident that resulted in the death of another person or bodily harm to another person whose death ensues. The accused must refute these elements by either challenging the evidence or arguing that not all elements of the offence were established. The third strategic consideration is to explore the possible legal defenses available to the accused. Some of the possible defenses include challenging the evidence, arguing that the accused was not impaired at the time of the accident, or arguing that the accused was not the sole cause of the accident. The defenses available to the accused will depend on the specific circumstances of the case, and the criminal counsel must explore all the possible defenses to weaken the crown's case. The fourth strategic consideration is to engage in plea bargaining. Plea bargaining is a common practice in criminal cases, and it involves negotiating a deal with the crown to reduce the charges or penalty. In some cases, it may be in the best interest of the accused to make a plea bargain, especially if the evidence is overwhelming, and conviction is likely. The criminal counsel must explore the possibility of plea bargaining with the crown. The fifth strategic consideration is to prepare for sentencing. If the accused is convicted, the judge will sentence him/her to a custodial sentence. The criminal counsel must prepare for sentencing by presenting compelling mitigating factors that may result in a lesser sentence. Some of the mitigating factors may include the accused's clean criminal record, the remorse shown by the accused, or the accused's efforts to seek rehabilitation for the addiction that caused the impaired driving. In conclusion, dealing with section 255(3.2) of the Criminal Code of Canada requires careful consideration of the severity of the offence, the legal elements of the offence, the possible legal defenses available, engaging in plea bargaining, and preparing for sentencing. The accused must retain competent criminal counsel who can explore all possible strategies to achieve the best possible outcome.