INTRODUCTION AND BRIEF DESCRIPTION
A person who causes the death of another while committing an offence under paragraph 253(1)(a) is guilty of an indictable offence and faces life imprisonment.
SECTION WORDING
255(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.
EXPLANATION
Section 255(3) of the Criminal Code of Canada deals with the offence of impaired driving causing death. This section states that if a person commits an offence under paragraph 253(1)(a) - which means operating a vehicle while impaired by alcohol or drugs - and as a result, causes the death of another person, they are guilty of an indictable offence. This offence is very serious and can result in a life imprisonment sentence. The purpose of this section is to deter individuals from driving while impaired and causing harm to others. It acknowledges the serious consequences of driving under the influence of drugs or alcohol, especially when it results in death, and recognizes a need for a severe punishment that reflects the gravity of the offence. It's important to note that impaired driving is preventable, and the criminal justice system places a high priority on reducing the incidence of this crime. To that end, the legal system in Canada offers a range of penalties, including fines, licence suspensions, and even jail time, for those convicted of impaired driving. Prosecutors treat cases involving impaired driving causing death with exceptional severity, as the consequences of such actions are tragic and irreversible. Overall, Section 255(3) of the Criminal Code of Canada is a clear message to all Canadians about the significance of responsible and sober driving and the severe consequences of driving while impaired.
COMMENTARY
Section 255(3) of the Criminal Code of Canada specifically pertains to cases where a person commits an offence under paragraph 253(1)(a) and causes the death of another person. This section of the Criminal Code effectively indicates that such an individual would be guilty of an indictable offence and could be liable to imprisonment for life. The offence referred to in paragraph 253(1)(a) of the Criminal Code relates to impaired driving, specifically driving while impaired by alcohol or drugs. Impaired driving is a significant concern in Canada, as it has been linked to high rates of accidents, injuries, and deaths on the roadways. Section 255(3) recognizes the severity of impaired driving and the devastating consequences it can have, particularly when it results in the death of another person. The provision serves to deter individuals from engaging in such behaviour, as the threat of a potential life sentence may make individuals think twice before getting behind the wheel while impaired. Justice for victims is also an important consideration in Section 255(3). Families who have lost loved ones due to impaired driving are often left with feelings of grief, anger, and injustice. The severity of the punishment outlined in Section 255(3) helps to ensure that those responsible for such tragic events are held accountable for their actions. However, it is important to note that Section 255(3) is not intended to be a blanket punishment for all individuals who commit offences under paragraph 253(1)(a). The provisions of the Criminal Code are always subject to interpretation by the courts, and judges must consider a range of factors when determining an appropriate sentence. For example, judges may consider the circumstances surrounding the offence, including whether the individual was a first-time offender, their level of impairment, whether they showed remorse, and whether they cooperated with law enforcement officials. These factors may mitigate the sentence imposed, but ultimately, Section 255(3) provides a clear warning that impaired driving can have severe consequences. In conclusion, Section 255(3) of the Criminal Code of Canada recognizes the seriousness of impaired driving and the significant harm it can cause. This provision serves as a deterrent, while also providing justice for those who have suffered the loss of a loved one due to impaired driving. While the courts have discretion in determining an appropriate sentence, the fact that such a severe penalty exists for this offence underscores the importance of preventing impaired driving and promoting safe driving behaviour.
STRATEGY
Section 255(3) of the Criminal Code of Canada states that anyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life. Paragraph 253(1)(a) pertains to impaired driving, which involves operating a vehicle while under the influence of drugs or alcohol. When dealing with this section of the Criminal Code of Canada, some strategic considerations include the severity of the offence, the circumstances surrounding the incident, and potential evidentiary issues. Strategies that could be employed include plea bargaining, addressing any potential biases or prejudices of the jury, and presenting a strong defence. Firstly, impairment-related offences can attract severe penalties, particularly when they result in death. A key strategy in such cases is to mitigate the potential punishment by negotiating a plea bargain with the prosecution. This allows for reduced charges or sentencing, minimizing the likelihood of a maximum life sentence. The defence counsel will need to assess the strength of the evidence against their client before entering negotiations. Generally, plea bargaining can be accepted by the accused to reduce charges and receive a more lenient sentence in exchange for a guilty plea. Secondly, the circumstances surrounding the incident can also affect the outcome of the case and present strategic considerations. For instance, the defendant's knowledge of their impairment, the cause of death, or the conduct of the police during the investigation may impact the jurors' or judge's opinion. Evidence collection procedures and constitutional issues surrounding the search, seizure, and testing of the accused can also affect the case's outcome. A strategic move could use forensic experts and defence witnesses to contest or refute the evidence, presenting alternative narratives of the incident and arguing in favour of a reduced sentence. Thirdly, addressing potential biases and prejudices of the jury is another vital strategic consideration in impaired driving cases. Such cases tend to generate a lot of media attention and public scrutiny. Potential jurors may have preconceived notions that can affect their judgment. A competent defence counsel will use voir dire, a legal process to screen potential jurors, to identify and eliminate such jurors. Lastly, presenting a strong defence during the trial can persuade the jury to acquit or convict the accused of a lesser charge, resulting in a reduced sentence. The defence can employ various strategies, including challenging the accuracy or reliability of the evidence used by the prosecution, producing evidence that suggests the accused was not impaired, or pointing to circumstances beyond the driver's control, such as poor lighting or road conditions or reckless or erratic driving behaviours of other drivers. To conclude, dealing with section 255(3) of the Criminal Code of Canada requires a strategic approach by the defence counsel. Some necessary considerations include the severity of the offence, the circumstances surrounding the incident and potential evidentiary issues. Some strategies that could be employed include plea bargaining, addressing potential biases or prejudices of the jury, and presenting a strong defence. Ultimately, these strategic considerations will vary depending on the circumstances of the case, the accused, and the evidence available.