Search results
Results from the WOW.Com Content Network
In Canada, the Criminal Code has several road traffic offences equivalent to causing death by dangerous driving. The basic offence, "Dangerous operation of a motor vehicle causing death", has a maximum penalty of 14 years' imprisonment. If the driver is convicted of failing to stop for police, criminal negligence, street racing, a hit and run ...
Dangerous operation causing bodily harm is a hybrid offence and may be tried summarily or by indictment. [15] Dangerous operation causing death may only be tried by indictment. [16] Custodial sentences will almost always be given as a result of a conviction for either type of dangerous driving charge. [citation needed]
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover.
The Criminal Code of Canada does not have a specific offence for vehicular homicide, but has a series of provisions covering driving offences causing death, [2] among them: dangerous driving causing death; criminal negligence causing death; failure to stop for police causing death; street racing causing death; impaired driving causing death
[examples needed] A person under "dangerous offender" sentencing is typically held for a minimum term that coincides with the sentence the person would have received without the "dangerous offender" sentence, and thereafter is subject to review of the person's state of mind as a determination of eligibility for release. [citation needed]
Such laws are sometimes used to prosecute cases of dangerous driving causing injury or death. [3] The maximum penalties for criminal negligence causing bodily harm and death are 10 years [4] (14 years if the conviction is for street racing causing bodily harm) and life imprisonment, respectively.
The Road Safety Act 2006 additionally inserted section 2A, creating the offence of "causing death by careless or inconsiderate driving", without the requirement of intoxication; the sentence is 12 months' imprisonment (6 in Scotland) plus a fine up to the statutory maximum on summary conviction, or 5 years' imprisonment and/or a fine on ...