Case authorities show that the driving must be assessed objectively in light of what might be expected of a competent and careful driver (R v Webb 2 Qd R 446). [3], The Court may consider evidence of consumption of alcohol even where the accused was acquitted for impaired driving.[4]. Legislation []. 328A Dangerous operation of a vehicle (1) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour. We give the best news all around the globe. (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person. [1], When an offender has a history of improper driving, specific deterrence will be emphasized. The Criminal Code defines a motor vehicle as “a vehicle that is drawn, propelled or driven by any means other than muscular power.” This includes road vehicles, like cars, trucks, and motorcycles, as well as recreational vehicles like boats, snowmobiles, ATVs, and dirt bikes. by reading or by use of a mobile phone (especially if hand-held); driving when knowingly suffering from a medical condition which significantly impairs the offender's driving skills; driving when knowingly deprived of adequate sleep or rest; driving a poorly maintained or dangerously loaded vehicle, especially where this has been motivated by commercial concerns; other offences committed at the same time, such as driving without ever having held a licence; driving while disqualified; driving without insurance; driving while a learner without supervision; taking a vehicle without consent; driving a stolen vehicle; previous convictions for motoring offences, particularly offences which involve bad driving or the consumption of excessive alcohol before driving; more than one person killed as a result of the offence (especially if the offender knowingly put more than one person at risk or the occurrence of multiple deaths was foreseeable); serious injury to one or more victims, in addition to the death(s); behaviour at the time of the offence, such as failing to stop, falsely claiming that one of the victims was responsible for the crash, or trying to throw the victim off the bonnet of the car by swerving in order to escape; causing death in the course of dangerous driving in an attempt to avoid detection or apprehension; offence committed while the offender was on bail; and. If prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/or a $5,000 fine (from Sept 19, 2019) . : this article is for information purposes only and is not legal advice. A discretionary surcharge under s. 737 of 30% of any fine order imposed, $100 per summary conviction or $200 per indictable conviction. dangerous driving while in a residential area or in area where people frequent. [4], There must be an emphasis on denunciation and general deterrence, particularly where the consequences are devastating, in order to make clear that these are "true crimes" rather than mere accidents. The maximum penalty is 14 years incarceration under s. 320.13(2) or life incarceration under s. 320.13(3). Proving dangerous operation of a motor vehicle under s. 320.13(1) should include: Proving dangerous operation of a motor vehicle under s. 320.2 should include: Proving dangerous operation of a motor vehicle under s. 320.21 should include: Proving the operation of the vehicle where there are no first-hand observers of the accused driving, can be determined through inference by the officer touching the hood of the car to detect recent operation of the vehicle and observing the accused in the vicinity. - cause bodily harm] or (3) [dangerous op. while at large under s. 515 [bail release], 679 or 680 [release pending appeal or review of appeal] (s. 515(6)(a)(i)); "for the benefit of, at the direction of, or in association" with a criminal organization (s. 515(6)(a)(ii)); where the offence involved a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s. 515(6)(a)(viii)); or. Section 320.2 sets out aggravating factors: 320.22 A court imposing a sentence for an offence under any of sections 320.13 to 320.18 [all conveyance offences] shall consider, in addition to any other aggravating circumstances, the following: The court-established aggravating factors to consider include:[1], Potential mitigating factors include: [2], In Alberta, the period of incarceration for motor vehicle offence causing death or injury is usually between 3 to 4 years.[1]. This charge of dangerous operation was previously codified under 249 of the Criminal Code. PRINCE GEORGE, BC: On December 18, 2020, Brandon James Peters pleaded guilty to Dangerous Operation of a Motor Vehicle. Offences under s. 320.13(2) or 320.13(3) are ineligible for a conditional sentence order under s. 742.1(c), when prosecuted by indictment, as the maximum period of incarceration is 14 years or life. (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person. Failure to pay the fine will result in a default judgement imposing a period of incarceration. 2006, c. 14, s. 2. appearance notice without arrest under s. 497, mandatory publication ban in all youth prosecutions, fail to stop at accident resulting in bodily harm, fail to stop at accident resulting in death, Testimonial Aids for Young, Disabled or Vulnerable Witnesses, Access to Support Person While Testifying, Self-Represented Cross-Examination Prohibition Order, s. 606(4.1) requires that after accepting a guilty plea, the judge must inquire, after accepting a guilty plea, the judge must inquire, Sentencing Factors Relating to the Offender, Sentencing Factors Relating to the Offence, 2 years less a day jail and/or a $5,000 fine, Dangerous Operation of a Motor Vehicle (Sentencing Cases), Non-communication order while offender in custody, Dangerous Operation of a Motor Vehicle (Repealed Offence), Operation While Impaired by Alcohol or Drug, Conveyance Offence Causing Bodily Harm or Death, First and Second Degree Murder, Manslaughter, Impaired Driving, Over 80 and Refusal Causing Death, http://criminalnotebook.ca/index.php?title=Dangerous_Operation_of_a_Motor_Vehicle_(Offence)&oldid=55474, Offences Punishable on Summary Conviction, Offences with Maximum Penalty of 2 Years Less a Day, Offences with Maximum Penalty of 14 Years, Secondary Designated Offences for DNA Orders, Creative Commons Attribution-ShareAlike License, s. 320.13(1), (2) and (3) of the Crim. See below in Ancillary Sentencing Orders for details on designations relating to sentencing orders. [3], The judge must make "meaningful inquiry into the manner of driving". a reverse onus) if the offence, prosecuted by indictment, was committed: A peace officer who charges a person under s. 320.13 of the Code can require that person to attend for the taking of fingerprints, photographs or other similar recordings that are used to identify them under the Identification of Criminals Act. There is a Defence election of Courtund… If arrested, he can be released by the arresting officer under s. 498 or 499 on an undertaking with or without conditions. The judge has the discretion to order that the offender be prohibited "from communicating...with any victim, witness or other person" while in custody except where the judge "considers [it] necessary" to communicate with them. He is due to appear in Brisbane Childrens Court this month. 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