Harper to criminalize what is already a crime
The Tories are going to make street racing more illegal.
Fine. Often, though, I read of racing 'accidents' causing death, and learn that the driver is charged with Dangerous Driving Causing death. I've often wondered why, because a far steeper charge which applies is Criminal Negligence Causing Death and it applies.
Criminal Negligence is:
219. (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons.
(2) For the purposes of this section, Âduty means a duty imposed by law.
and when a death is involved:
220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
Classically, the reason for the lesser charge is that the crown doesn't think it can prove intent, so it moves to prove the easier to attain lower standard. Because of this, I wonder how practical a whole new set of laws dealing with street racing would be when crowns stumble to prove level of intent as it is?
Anyway, it may be that sentencing is too lenient. This would be due to precedent, and judges are loath to change that. In such cases, parliament needs to give direction, but I think they should perhaps shore up and better define what is and what isn't criminal negligence while they are at it. Making street racing something apart from it makes me wonder why some jerk recklessly dropping heavy objects off his tenth floor balcony isn't subject to the same level of penalty.
Of course, I could be cynical and point out that politicians have been know to make things illegal which already were, just to make it look like they're doing something.
Oh, why can we buy cars which can hit 160 km/hr and more anyway?








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