« Conduite dangereuse (infraction) » : différence entre les versions

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{{en|Dangerous_Operation_of_a_Conveyance_(Offence)}}
#REDIRECT [[Conduite dangereuse d'un moyen de transport (infraction)]]
{{Currency2|January|2021}}
{{LevelZero}}{{HeaderOffences}}
{{Fr|Conduite dangereuse (infraction)}}
{{OffenceBox
|OffenceTitle=Dangerous Operation of a Motor Vehicle
|OffencePage=Dangerous Operation of a Motor Vehicle
|Section=320.13(1), (2) and (3)
|Act={{OBCCC}}
|CrownElection={{OBIndictableElection}} (death)<br>{{OBHybridElection}} (other than death)
|Jurisdiction={{OBJurisdictionAll}} 
|Bail={{OBBailVar}}
|SummaryDisp= {{OBDispMinand10or14orLifeVar}}
|SummaryMin= {{OBMinFineJail}}
|SummaryMax= {{OBTwoYLess}}
|IndictableDisp= {{OBDispMinand10or14orLifeVar}}
|IndictableMin= {{OBMinFineJail}}
|IndictableMax= {{OBTime|10, 14 years}} or {{OBMaxLife}}}}
 
==Aperçu==
{{seealso|Conveyance Offences}}
{{OverviewVIII.1|dangerous operation of a motor vehicle}}
 
; Plaidoiries
{{PleadingsHeader-N}}
{{PleadingsHybridList-N|art. 320.13(1) {{DescrSec|320.13(1)}} | {{Yes}} | {{Yes-IfCrown}} | {{No-Under14}} }}
{{PleadingsHybridList-N|art. 320.13(2)  {{DescrSec|320.13(2)}} | {{Yes}} | {{Yes-IfCrown}}  | {{Yes-14Years}} }}
{{PleadingsIndictableList-N|art. 320.13(3) {{DescrSec|320.13(3)}} | {{No}} | {{Yes}} | {{Yes-Life}} }}
{{PleadingsEnd}}
 
{{PleadingsHybridElection|art. 320.13(1) {{DescrSec|320.13(1)}} or (2) {{DescrSec|320.13(2)}} }}
 
{{PleadingsIndictElection|art. 320.13(3) {{DescrSec|320.13(3)}} }}
 
; Libérer{{ReleaseHeader}}
|art. 320.13(1) {{DescrSec|320.13(1)}} || {{ReleaseProfile-Hybrid}}
|-
|art. 320.13(2) {{DescrSec|320.13(2)}} or (3) {{DescrSec|320.13(3)}} || {{ReleaseProfile-Indictable}}
|-
{{ReleaseEnd}}
 
{{ReleaseOptions-Hybrid|art. 320.13(1)}}
 
{{ReleaseOptions-Indictable|art. 320.13(2) or (3)}}
 
:''<u>Renversement du fardeau de la preuve</u>''
{{ReverseOnusCirc}}
 
:''Empreintes digitales et photos''
{{IDCriminalAct|art. 320.13}}
 
; Interdictions de publication
{{GeneralPubBan}}
 
; Désignations d'infraction
{{DesignationHeader}}
|-
|art. 320.13(1) || {{XMark}} <!--wire--> || {{OKMark}} <!--DO-->||{{OKMark}} (Indictment) <!--SPIO--> || {{XMark}} <!--consent-->  || {{OKMark}}
|-
|art. 320.13(2) or (3) || {{XMark}} <!--wire--> || {{OKMark}} <!--DO-->||{{OKMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{OKMark}}
{{DesignationEnd}}
 
{{SPIODesignation|A|art. 320.13(2) or (3)}}
 
{{SeeBelowForAncillary}}
 
{{reflist|2}}
 
==Libellé de l'infraction==
 
{{quotation3|
; Dangerous operation
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
<br>
; Operation causing bodily harm
(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.
<br>
; Operation causing death
(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.
 
{{LegHistory10s|2018, c. 21}}, s. 15
|{{CCCSec2|320.13}}
|{{NoteUp|320.13|1|2|3}}
|{{terms-
|"conveyance" (s. 320.11)
}}
}}
 
{{quotation2|
; Punishment
320.19<Br>
{{removed|(1), (2), (3) and (4)}}
; Punishment — dangerous operation and other offences
(5) Everyone who commits an offence under subsection 320.13(1) {{AnnSec3|320.13(1)A}} or 320.16(1) {{AnnSec3|320.16(1)}}, section 320.17 {{AnnSec3|320.17}} or subsection 320.18(1) {{AnnSec3|320.18(1)}} is liable
:(a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
:(b) on summary conviction, to imprisonment for a term of not more than two years less a day.
 
{{LegHistory10s|2018, c. 21}}, s. 15.
|{{CCCSec2|320.19}}
|{{NoteUp|320.19|5}}
}}
 
{{quotation2|
; Punishment in case of bodily harm
320.2 Everyone who commits an offence under subsection 320.13(2) {{AnnSec3|320.13(2)A}}, 320.14(2) {{AnnSec3|320.14(2)}}, 320.15(2) {{AnnSec3|320.15(2)}} or 320.16(2) {{AnnSec3|320.16(2)}} is liable on conviction on indictment or on summary conviction
:(a) to the following minimum punishment, namely,
::(i) for a first offence, a fine of $1,000,
::(ii) for a second offence, imprisonment for a term of 30 days, and
::(iii) for each subsequent offence, imprisonment for a term of 120 days;
:(b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years; and
:(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
 
{{LegHistory10s|2018, c. 21}}, s. 15.
|{{CCCSec2|320.2}}
|{{NoteUp|320.2}}
}}
{{quotation2|
; Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3) {{AnnSec3|320.13(3)A}}, 320.14(3) {{AnnSec3|320.14(3)}}, 320.15(3) {{AnnSec3|320.15(3)}} or 320.16(3) {{AnnSec3|320.16(3)}} is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
:(a) for a first offence, a fine of $1,000;
:(b) for a second offence, imprisonment for a term of 30 days; and
:(c) for each subsequent offence, imprisonment for a term of 120 days.
 
{{LegHistory10s|2018, c. 21}}, s. 15.
|{{CCCSec2|320.21}}
|{{NoteUp|320.21}}
}}
 
===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
|
|
|"{{ellipsis1}}, contrary to section 320.19(5) of the ''Criminal Code''.
|-
|
|
|"{{ellipsis1}}, contrary to section 320.2 of the ''Criminal Code''.
|-
|
|
|"{{ellipsis1}}, contrary to section 320.21 of the ''Criminal Code''.
{{DraftEnd}}
 
==Preuve de l'infraction==
{{ElementHeader}}
{{ElementLeft}}
{{Proving|dangerous operation of a motor vehicle|320.13(1)}}
{{InitialElements}}
# {{box}} the culprit operated a motor vehicle
# {{box}} the manner the accused operated the vehicle was dangerous to the public in the circumstances
## {{box}} driving over the road lines / driving over curbs
## {{box}} failure to obey road-signs, including stop signs, stop lights and speed limits
## {{box}} driving in close proximity with other vehicles (i.e. "tailgating")
## {{box}} collision with other car(s), bikers, pedestrians / collision with inanimate objects
## {{box}} swerving while driving
# {{box}} the culprit knew or ought to have known that the manner of driving was dangerous
 
{{ElementRight}}
 
{{Proving|dangerous operation of a motor vehicle| 320.2}}
# {{box}} same elements as s. 320.13(1);
# {{box}} another person suffers bodily harm;
# {{box}} the harm was "caused" by the alleged act;
 
{{Proving|dangerous operation of a motor vehicle| 320.21}}
# {{box}} same elements as s. 320.13(1);
# {{box}} another person dies;
# {{box}} the death was "caused" by the alleged act;
 
{{ElementEnd}}
 
==Interprétation de l'infraction==
 
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.
 
This is an objective fault offence.<ref>
{{CanLIIR|Heth-Klems|jxlsn|2023 BCCA 246 (CanLII)}}{{perBCCA|Fitch JA}}{{AtL|jxlsn|25}}
</ref>
 
; Purpose
The purpose of criminalizing dangerous driving is to "capture any circumstances that enhance the dangerousness to the public of the manner of driving."<Ref>
{{CanLIIRx|Bradley|j5xsp|2020 ONCA 206 (CanLII)}}{{TheCourtONCA}}{{atL|j5xsp|7}} ("Section 249(1) uses the term “including” to make clear that the expressed illustrations are not exhaustive. Both the natural meaning of the phrase, “a manner that is dangerous to the public”, and the purpose of the provision of criminalizing dangerous driving, capture any circumstances that enhance the dangerousness to the public of the manner of driving")
</ref>
 
; Definitions
[[Criminal Code and Related Definitions|Section 2]] defines "motor vehicle", "bodily harm", and "railway equipment". [[Criminal Code and Related Definitions|Section 214]] defines "aircraft", "vessel", and "operates".
 
; Constitutionality
The offence under s. 320.13(1) does not violate s. 7 of the Charter for vagueness.<ref>
{{CanLIIRP|Demeyer|2dk1w|1986 ABCA 104 (CanLII)|27 CCC (3d) 575}}{{perABCA|Laycraft CJ}} - applying to s. 249(1)(a)
</ref>
 
{{reflist|2}}
===Actus Reus===
Actus reus of the offence:
:The trier of fact must be satisfied beyond a reasonable doubt that, viewed objectively, the accused was, in the words of the section, driving in a manner that was "dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place."<ref>
{{CanLIIRP|Beatty|1vrp5|2008 SCC 5 (CanLII)|[2008] 1 SCR 49}}{{perSCC|Charron J}}{{atsL|1vrp5|43|, 46}} and {{atsL-np|1vrp5|49|}}<br>
see also {{CanLIIRP|Settle|2cs24|2010 BCCA 426 (CanLII)|261 CCC (3d) 45}}{{perBCCA|D Smith JA and Bennet JA}}{{atsL|2cs24|39| to 41}} for history of law pre-Beatty</ref>
There must be a "marked departure" from the standard of a reasonable person<ref>
{{CanLIIRP|MacGillivray|1frlv|1995 CanLII 139 (SCC)|[1995] 1 SCR 890}}{{perSCC|Cory J}}<br>
</ref>
 
The focus of analysis is upon the "risks created by the accused’s manner of driving, not the consequences."<ref>
{{CanLIIRP|Roy|frjlk|2012 SCC 26 (CanLII)|[2012] 2 SCR 60}}{{perSCC|Cromwell J}}{{atL|frjlk|34}}<br>
</ref>
 
The judge must make "meaningful inquiry into the manner of driving."<ref>
{{ibid1|Roy}}{{atL|frjlk|34}}
</ref>
This could include such considerations as:
<ref>
{{CanLIIRP|Zaba|gpcxh|2016 ONCA 167 (CanLII)|336 CCC (3d) 91}}{{perONCA|Huscroft JA}}<br>
</ref>
* the traffic conditions at the time;
* the accused's speed of travel;
* nature of the road; and
* the weather conditions.
Failure on the part of the judge to inquire into the manner of driving may result in a finding of an unreasonable verdict.<ref>
e.g. {{ibid1|Zaba}}
</ref>
 
Failure to do so may result
{{Reflist|2}}
 
===Mens Rea===
The ''mens rea'' has been established is stated as follows:
:The trier of fact must also be satisfied beyond a reasonable doubt that the accused’s objectively dangerous conduct was accompanied by the required ''mens rea''. In making the objective assessment, the trier of fact should be satisfied on the basis of all the evidence, including evidence about the accused’s actual state of mind, if any, that the conduct amounted to a marked departure from the standard of care that a reasonable person would observe in the accused’s circumstances.  Moreover, if an explanation is offered by the accused, then in order to convict, the trier of fact must be satisfied that a reasonable person in similar circumstances ought to have been aware of the risk and of the danger involved in the conduct manifested by the accused.<ref>Beatty, supra</ref>
 
{{Reflist|2}}
===Factors===
Personal attributes such as age, experience driving and education are generally not relevant.<ref>
{{CanLIIRP|Beatty|1vrp5|2008 SCC 5 (CanLII)|[2008] 1 SCR 49}}{{perSCC|Charron J}}</ref>
However, they may be relevant where the accused's personal attributes go to the accused's ability to appreciate or avoid risk.<ref>
{{CanLIIRP|Roy|frjlk|2012 SCC 26 (CanLII)|[2012] 2 SCR 60}}{{perSCC|Cromwell J}}
</ref>
 
Falling asleep at wheel is not necessarily a criminal offence.<ref>
{{CanLIIRx|Chan|272ff|2009 ONCJ 598 (CanLII)}}{{perONCJ|Hogan J}}</ref>
In fact, what the vehicle does after the accused falls asleep cannot be attributed as part of the dangerous driving but rather only as a consequence to the initial conscious driving.<ref>e.g. {{CanLIIRP|Jiang|1rcfc|2007 BCCA 270 (CanLII)|220 CCC (3d) 55}}{{perBCCA|Smith JA}}</ref>
 
Depending on the circumstances, speed alone can amount to a "marked departure" from the standard of care of a reasonable person.<ref>
{{CanLIIRx|BJC|211xx|2008 ABCA 331 (CanLII)}}{{perABCA|Ritter JA}}<br>
{{CanLIIRP|Richards|7557|2003 CanLII 48437 (ON CA)|174 CCC (3d) 154}}{{TheCourtONCA}}<br>
</ref>
 
{{Reflist|2}}
 
===Other Issues===
 
; Sleeping Driver
A driver who is sleeping "is not driving of his or her own volition and acts committed while in that automatic state of mind cannot form the ''actus reus'' of dangerous driving."<ref>
{{CanLIIRP|Jiang|1rcfc|2007 BCCA 270 (CanLII)|220 CCC (3d) 55}}{{perBCCA|Smith JA}}{{atL|1rcfc|17}}<br>
</ref>
 
If the sleeping driver was consciously "embarking on driving or in continuing to drive in the face of a real risk of falling asleep" then the offence can be made out.<ref>
Jiang</ref>
There must still be a marked departure from the standard of a reasonable person.<ref>
{{CanLIIRx|Roberts|22g1w|2009 BCSC 146 (CanLII)}}{{perBCSC|Meiklem J}}
</ref>
 
; Evidence of Alcohol Consumption
The Court may consider evidence of consumption of alcohol even where the accused was acquitted for impaired driving.<ref>
{{CanLIIRP|Settle|2cs24|2010 BCCA 426 (CanLII)|261 CCC (3d) 45}}{{perBCCA|D Smith JA and Bennett JA}} - denies claim of issue estoppel
</ref>
 
{{reflist|2}}
 
===Causes Bodily Harm or Death===
{{seealso|Causation}}
 
==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}
 
; Testimonial Aids
{{3rdPTestimonyAids}}
 
; Sur le constat de culpabilité
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS -->
|s. x {{DescrSec|x}} || || ||
|-
{{VictimEnd}}
 
{{606NoticeSPIO|art. 259(3) and (4)}}
 
{{606Notice5Y|art. 259(2)}}
 
{{RestitutionNotice}}
 
{{VISNotice}}
 
==Sentencing Principles and Ranges==
{{seealsoSentencing}}
 
; Maximum Penalties
{{SProfileMaxHeader}}
{{SProfileMax|art. 320.13(1) {{DescrSec|320.13(1)}} | {{Summary}} |  {{summaryconviction}} }}
{{SProfileMax|art. 320.13(1) {{DescrSec|320.13(1)}}| {{Indictable}} | {{Max5Years}} }}
{{SProfileMax|art. 320.13(2) {{DescrSec|320.13(2)}} | {{NA}} | {{Max14Years}} }}
{{SProfileMax|art. 320.13(3) {{DescrSec|320.13(3)}}| {{NA}} | {{MaxLife}} }}
{{SProfileEnd}}
 
{{MaxPenaltyHybrid|art. 320.13(1)| '''{{Max5Years}}'''|'''{{summaryconviction}}''' }}
 
{{MaxPenaltyIndictment|art. 320.13(2) or (3) |'''{{Max14Years}}''' under s. 320.13(2) or '''{{MaxLife}}''' under s. 320.13(3)}}
 
; Minimum Penalties
{{NoMinimumPenalties}}
 
; Available Dispositions
{{SProfileAvailHeader}}
|art. 320.13(1) || any || {{SProfileAll}}
|-
|art. 320.13(2) or (3) || {{NA}} || {{SProfileNoDischargeOrCSO}}
|-
{{SProfileEnd}}
 
{{AllDispositionsAvailable1| s. 320.13(1) }}
 
{{NoDischargeAvailable|art. 320.13(2) or 320.13(3)}}
 
{{NoCSOAvailable|C|art. 320.13(2) or 320.13(3)}}
 
; Consecutive Sentences
{{NoConsecutive}}
 
===Principles===
The Court’s primary emphasis is placed on general deterrence.<ref>
{{CanLIIRP|Fox|5rjr|2001 ABCA 64 (CanLII)|277 AR 298}}{{TheCourtABCA}}{{atL|5rjr|27}} ("We agree that denunciation and deterrence are principal objectives in a case of this nature. However, the rehabilitation of the offender must also be considered.")<br>
{{CanLIIRP|Hindes|5rr5|2000 ABCA 197 (CanLII)|225 WAC 108}}{{TheCourtABCA}}{{atL|5rr5|43}} (In reference to the law as it was then relating to conditional sentences: "While the offence is one which calls for deterrence and denunciation we do not exclude the consideration of a conditional sentence.")<br>
{{CanLIIRP|Reynolds|gn91w|2016 SKQB 21 (CanLII)|94 MVR (6th) 195}}{{perSKQB|Acton J}}{{atL|gn91w|24}} ("Members of the public must be deterred from driving dangerously, particularly in less than ideal conditions, which put other members of the public at danger of injury or death, even though they may be driving in a defensive and completely appropriate manner")<br>
{{CanLIIRP|Grenke|fqrw0|2012 ABQB 198 (CanLII)|537 AR 287}}{{perABQB|Germain J}}{{atL|fqrw0|22}} ("Repeatedly our Canadian courts including our Alberta Court of Appeal have emphasized that the crafting of a fit sentence for this type of motor vehicle offence [of dangerous driving causing bodily harm] must focus on denunciation and deterrence")
</ref>
 
When an offender has a history of improper driving, specific deterrence will be emphasized.<ref>
see {{CanLIIRP|Squires|2f0xp|1995 CanLII 9848 (NL CA)|[1995] NJ No 157 (CA)}}{{perNLCA|Gushue JA}}<br>
{{CanLIIR-N|Strickland|, [1997] NJ No 398 (S.C.) }}</ref>
 
The Dangerous Operation offences are classified as more serious than impair driving and less than criminal negligence.<ref>
{{CanLIIRP|Woodward|fsxr7|1993 CanLII 8183 (NL CA)|109 Nfld & PEIR 240 (NLCA)}}{{perNLCA|Steele JA}} at 30</ref>
 
The sentence must be proportionate to the nature of the harm inflicted. <ref>
{{CanLIIRP|Rhyason|1r1sk|2007 ABCA 119 (CanLII)|[2007] AJ No 372 (CA)}}{{TheCourtABCA}}{{atL|1r1sk|29}} ("[Proportionality] is the fundamental sentencing factor: [citation omitted]. A sentence is to reflect the gravity of the offence and the degree of responsibility of the respondent.")<br>
{{CanLIIRP|Christink|fqfdh|2012 ONCA 141 (CanLII)|[2012] OJ No 989 (CA)}}{{TheCourtONCA}}{{atL|fqfdh|5}}</ref>
 
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. <ref>
{{CanLIIRP|Biancofiore|6hjk|1997 CanLII 3420 (ON CA)|119 CCC (3d) 344}}{{perONCA|Rosenberg JA}} ("condemnation of these types of offences must be clear and, where the offence has devastating consequences, it must be loud...")</ref>
 
In {{CanLIIRP|Grenke|fqrw0|2012 ABQB 198 (CanLII)|[2012] AJ No 323 (QB)}}{{perABQB|Germain J}}, a number of principles have been set out:
#while jail sentences of less than two years exist, appeals taken from these sentences often result in the sentence being increased to a three to four-year range;
#lower or lighter sentences are handed out for dangerous driving causing death or bodily harm where there is any involvement of alcohol or drugs, and the driving pattern is at the lower end of riskiness;
#an early plea of guilt, as a sign of remorse, is often mentioned in lower sentences but I hasten to add that an accused should not be treated more harshly, than the appropriate range of sentence, for exercising their constitutional right to a fair trial;
#where an offender has a previous record that involves drinking and driving or other dangerous tendencies relating to the rules of the road, sentences tend to be harsher;
#where an offender is a youthful and less experienced driver, more emphasis may be placed on rehabilitation and less on punishment and deterrence; and
#where there are multiple convictions the courts should ensure that no one gets a free crime simply because one offence is eclipsed with a more serious one, but, in total and globally the sentence should not be excessive; the sentencing levers of consecutive and concurrent sentences may be used to ensure that, globally, the sentence is appropriate.
 
{{reflist|2}}
 
===Causing Bodily Harm or Death===
Where bodily harm is involved, it is among the more serious of motor vehicle offences as it places the public, including completely innocent bystanders at risk of harm.<ref>
{{CanLIIR-N|McMertry|, (1987), 21 OAC 68}}{{at-|11}}<br>
{{CanLIIRP|Rawn|frzp0|2012 ONCA 487 (CanLII)|[2012] OJ No 3096}}{{perONCA|Epstein JA}}
</ref>
 
Primacy is given to denunciation and deterrence .<ref>
{{ibid1|Rawn}}{{atL|frzp0|45}}<br>
{{CanLIIRP|Grenke|fqrw0|2012 ABQB 198 (CanLII)|537 AR 287}}{{perABQB|Germain J}}{{atL|fqrw0|22}} ("Repeatedly our Canadian courts including our Alberta Court of Appeal have emphasized that the crafting of a fit sentence for this type of motor vehicle offense [dangerous driving causing bodily harm] must focus on denunciation and deterrence")
</ref>
 
There is an inherent danger in an object such as a motor vehicle moving at high speed in areas where people frequent.<ref>
{{CanLIIRP|Field|2fmrc|2011 ABCA 48 (CanLII)|499 AR 178}}{{perABCA|Watson JA}}{{atL|2fmrc|23}} ( “[d]riving a ton of glass and metal through spaces where people can be expected to be present and at a speed where it is likely to be impossible to stop the vehicle in time to avoid calamity cannot be treated as a youthful indiscretion”)</ref>
 
The regular range for dangerous driving or impaired driving causing bodily harm is between a conditional sentence and two years less a day.<ref>
{{CanLIIRP|Puyenbroek|1v0gh|2007 ONCA 824 (CanLII)|226 CCC (3d) 289}}{{perONCA|Feldman JA}}{{atsL|1v0gh|59| to 61}}<br>
</ref>
 
{{reflist|2}}
 
===Factors===
Section 320.2 sets out aggravating factors:
{{quotation2|
; Aggravating circumstances for sentencing purposes
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:
:(a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;
:(b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;
:(c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;
:(d) the offender was being remunerated for operating the conveyance;
:(e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;
:(f) the offender was operating a large motor vehicle; and
:(g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.
 
{{LegHistory10s|2018, c. 21}}, s. 15.
|{{CCCSec2|320.22}}
|{{NoteUp|320.22}}
}}
 
The court-established aggravating factors to consider include:<ref>
{{CanLIIRx|Bennett|1r3vt|2007 CanLII 11290 (NL PC)}}{{perNLPC|Gorman J}} citing {{UKCase|R v Cooksley|, [2004] 1 Cr App(S) 1}}{{at-|15}}</ref>
#the consumption of drugs (including legal medication known to cause drowsiness) or of alcohol, ranging from a couple of drinks to a “motorised pub crawl”;
#greatly excessive speed; racing; competitive driving against another vehicle; “showing off'”;
# disregard of warnings from fellow passengers;
# a prolonged, persistent and deliberate course of very bad driving
#aggressive driving (such as driving much too close to the vehicle in front, persistent inappropriate attempts to overtake, or cutting in after overtaking);
# driving while the driver's attention is avoidably distracted, e.g. 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
# dangerous driving while in a residential area or in area where people frequent.
 
Potential mitigating factors include: <ref>
{{ibid1|Cooksley}}{{at-|15}}</ref>
#a good driving record;
#the absence of previous convictions;
# a timely plea of guilty;
# genuine shock or remorse (which may be greater if the victim is either a close relation or a friend);
# the offender's age (but only in cases where lack of driving experience has contributed to the commission of the offence), and
# the fact that the offender has also been seriously injured as a result of the accident caused by the dangerous driving.
 
{{reflist|2}}
 
===Ranges===
{{seealsoRanges|Dangerous Operation of a Motor Vehicle}}
 
In Alberta, the period of incarceration for motor vehicle offence causing death or injury is usually between 3 to 4 years.<ref>
{{CanLIIRP|Grenke|fqrw0|2012 ABQB 198 (CanLII)|537 AR 287}}{{perABQB|Germain J}}{{atL|fqrw0|22}}<br>
</ref>
{{reflist|2}}
 
==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}
; Offence-specific Orders
{{AOrderHeader}}
 
{{AOrder1| [[Ordres ADN]] |art. 320.13(1), (2) or (3) |
* {{SecondDNA(AorB)Hybrid|s. [X]}}
* {{SecondDNA(AorB)|s. [X] }}
}}
 
| [[Driving Prohibition Orders]] ||art. 320.13(1), (2) or (3) ||
* if under [X], (2): Max 3 years / Min. 1 year (1st time), 2 years (2nd time), 3 years (3rd time)
* if under [X], (4): Max 10 years
|-
| [[Delayed Parole Eligibility|Delayed Parole Order]] ||s. [X] ||
* {{ParoleDelayEligible|1|s. [X] }}
|-
| [[Forfeiture of Offence-related Property|Forfeiture of Vehicle]] || ||
{{AOrderEnd}}
 
; Ordonnances générales de détermination de peine{{GeneralSentencingOrders}}
 
; Ordonnances générales de confiscation{{GeneralForfeitureOrders}}
 
==Suspensions de casier et pardons==
{{RecordSuspension|art. 320.13(1), (2) or (3) }}
 
==History==
 
Until December 18, 2018, the relevant section was s. 249, which read:
{{quotation1|
; Dangerous operation of motor vehicles, vessels and aircraft
249 (1) Every one commits an offence who operates
:(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
:(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
:(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
:(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.<br>
 
; Punishment
(2) Every one who commits an offence under subsection (1)
:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
:(b) is guilty of an offence punishable on summary conviction.<br>
 
; Dangerous operation causing bodily harm
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
<br>
; Dangerous operation causing death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 249;
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 36, c. 32 (4th Supp.), s. 57;
{{LegHistory90s|1994, c. 44}}, s. 11.
|[http://canlii.ca/t/53gxz#sec259 CCC]
}}
 
The change in language from s. 249 to 320.13(1) preserved the substance of the offence, but used simpler language.
 
Section 249.4 was entirely repealed December 18, 2018. It previously read:
 
{{quotation1|
; Dangerous operation of motor vehicle while street racing
249.4 (1) Everyone commits an offence who, while street racing, operates a motor vehicle in a manner described in paragraph 249(1)(a).
<br>
; Punishment
(2) Everyone who commits an offence under subsection (1)
:(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
:(b) is guilty of an offence punishable on summary conviction.
 
; Dangerous operation causing bodily harm
(3) Everyone who commits an offence under subsection (1) and thereby causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
<br>
; Dangerous operation causing death
(4) Everyone who commits an offence under subsection (1) and thereby causes the death of another person is guilty of an indictable offence and liable to imprisonment for life.
<br>
{{LegHistory00s|2006, c. 14}}, s. 2.
|{{CCCSec2|249.4}}
}}
 
==Voir également==
* [[Duty of Care]]
* [[Dangerous Operation of a Motor Vehicle (Repealed Offence)]]
 
; Related Offences
* [[Street Racing (Offence)]]
; References
* [[Pre-Trial and Trial Motions Checklist]]
 
{{OffencesNavBar/MotorVehicles}}
{{OffencesNavBar/Homicide}}

Dernière version du 21 août 2024 à 12:37

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