Difference between revisions of "Federal Driving Offences (13:X)"

Federal Driving Offences (13:X) (view source)

4 bytes removed , 19:06, 20 September 2022

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 In ''[http://canlii.ca/t/1vrp5 R v Beatty]'', [2008] 1 S.C.R. 49, 2008 SCC 5, the Court addressed the issue of criminal negligence in the context of dangerous driving. Unlike ''Creighton'', there is no substantive dissent, though five of the newer Supreme Court justices took a slightly different approach to the modified objective test. They noted that the actual (subjective) state of mind of the accused at the time of the accident is relevant in determining if there was a marked departure from the standard of the reasonable person. In Beatty, a momentary lapse of attention with no other evidence of dangerous driving was held '''not''' sufficient to warrant criminal sanction under s 249 (criminal negligence causing death).
-If the negligence results in death, an indictable offence has been committed and the driver may be liable to life imprisonment (s 220). If the negligence results in bodily injury, an indictable offence has been committed and the driver may be liable to imprisonment for 10 years (s 221).
+If negligence results in death, an indictable offence has been committed and the driver may be liable to life imprisonment (s 220). If the negligence results in bodily injury, an indictable offence has been committed and the driver may be liable to imprisonment for 10 years (s 221).
 == D. Limitation Period ==