The consequences of dangerous driving can be severe and the law reflects this. It may come as a surprise to some but you can go to prison for dangerous driving causing bodily harm.
Before that can happen, however, the Crown must prove all the elements of the offence were met. Depending on the seriousness of the circumstances in a dangerous driving case, the punishment can be range from a driving prohibition to a prison sentence.
What is dangerous driving causing bodily harm?
Dangerous driving causing bodily harm is an offence under the Criminal Code. It is different from the offence of careless driving under BC’s Motor Vehicle Act in that is much more serious and it can result in more significant punishment. The charge applies to a range of driving behaviours that result in injury to someone else.
What does the Crown have to prove about dangerous driving?
When assessing a dangerous driving causing bodily harm charge there are two elements to the offence. The first whether the driving in question was dangerous to the pubic and, if so, it was the cause of a victim’s bodily harm. The second element involves the defendant’s mental state. Did they knowingly or intentionally drive in a dangerous manner.
In order to establish the first element, the Crown must prove the driving was dangerous given the circumstances, such as traffic and road conditions. In other words, were their actions more dangerous than might be reasonably expected at that time and place.
In order the secure the second element, the Court must be satisfied beyond a reasonable doubt the defendant’s driving amounts to a marked departure from a reasonable person’s standard of care in the same circumstances. Also, the Court must be satisfied that a reasonable person would have been aware of the risk and danger posed by the accused’s actions in the same circumstances.
Will I go to prison for dangerous driving?
Yes, you can go to prison for dangerous driving causing bodily harm. Even if a driver does not hurt anyone and they are convicted of dangerous driving, they are still liable to receive up to five years in prison. Dangerous driving also carries fines and a minimum one-year driving licence suspension. Not to mention a criminal record for life.
The length of any prison sentence will very much depend on the seriousness of the offence and the harm it caused.
Case law
A recent BC provincial court decision highlighted the punishments available to courts for dangerous driving. Prison time is a possibility if you are convicted. In this case, driver Tenessa Nikirk was convicted of dangerous driving causing bodily harm. The Court had to decide an appropriate sentence.
Nikirk was driving in rush hour traffic on a frosty suburban morning. She was driving up to 90 km/hr in a 50 km/hr zone and passing other vehicles. Over a distance of about 5 km she sent and received 25 text messages. She entered a crosswalk, appearing not to notice several signs or hearing another driver sound their horn. She struck an eleven-year-old girl crossing the road, leaving her with life-altering injuries.
Although she had no previous criminal record, Nikirk did have three speeding tickets before one speeding ticket after the incident in question. In determining a sentence, the judicial justice took into account the harm that the incident caused and how much was Nikirk responsible. The traumatic brain injury would impact the victim and the victim’s family for the rest of their lives. The judicial justice found the defendant’s driving to be “particularly aggravated” given it took place over more than 5 km, she was frequently distracted, and excessively speeding.
“The elements of bad driving which constitute this offense are entirely wilful and deliberate. While it may not be at the very highest end of personal culpability, it is extremely high,” the judicial justice said, calling her actions one small step short of street racing.
Nikirk was sentenced to two years in prison and banned from driving for three years.
Have you been charged and worry if you will go to prison for dangerous driving? We have defended clients facing these charges and saved them from having to go to jail. Even if you plead guilty or are convicted, a lawyer is best suited to argue for a lesser sentence. Call us on 604-685-8889.