Canadian Criminal Law/Offences/Impaired Driving, Over 80 and Refusal Causing Bodily Harm or Death

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Legislation[edit]

Impaired driving causing bodily harm
(2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Blood alcohol level over legal limit — bodily harm
(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Failure or refusal to provide sample — bodily harm
(2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Impaired driving causing death
(3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.

Blood alcohol level over legal limit — death
(3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.

Failure or refusal to provide sample — death
(3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

Interpretation
(3.3) For greater certainty, everyone who is liable to the punishment described in any of subsections (2) to (3.2) is also liable to the minimum punishment described in paragraph (1)(a).

CCC]

Proof of Offences[edit]

Impaired driving causing bodily harm[edit]

  1. underlying offence under s. 253(1)(a)
  2. the offence caused bodily harm of another person

Blood alcohol level over legal limit — bodily harm[edit]

  1. underlying offence under s. 253(1)(b)
  2. in committing the underlying offence, caused an accident
  3. the accident involved bodily harm to another person

Failure or refusal to provide sample — bodily harm[edit]

  1. underlying offence under s. 254(5)
  2. the accused knew or ought to have known that the operation or care and control of vehicle caused accident resulting in bodily harm

Impaired driving causing death[edit]

  1. underlying offence under s. 253(1)(a)
  2. causes the death of another person as a result

Blood alcohol level over legal limit — death[edit]

  1. underlying offence under s. 253(1)(b)
  2. causes an accident resulting in the death of another person

Failure or refusal to provide sample — death[edit]

  1. underlying offence under s. 254(5)
  2. the accused knew or ought to have known that the operation or care and control of vehicle caused accident resulting in death