The Criminal Code is a Canadian law that codifies the majority of criminal offences in Canada. Among all the offences listed, there is dangerous operation. Do you know what dangerous operation means as defined by the Criminal Code? This article will explain this offence and some of its implications.
Dangerous operation and the Criminal Code
Dangerous operation is an offence under the Criminal Code. Section 320.13 of the Criminal Code refers to this. In essence, dangerous operation refers to driving a motor vehicle in a manner that is dangerous to the public, in light of the circumstances, including the nature and condition of the area, its intended use and the level of traffic at that time or reasonably foreseeable in that area.
Proof of dangerous operation
To be found guilty of dangerous operation, Crown counsel must prove beyond a reasonable doubt that the person was driving, that he or she consciously assumed control of the vehicle and that the operation was dangerous to the public. The concept of operation requires that the driver has conscious physical control over the direction of the vehicle. However, it should be noted that a passenger who temporarily takes control of a vehicle may be charged with dangerous operation.
Proving vehicle control: the main challenge
One of the challenges is to prove that the person had control of the vehicle at the time and that his or her driving was dangerous to the public. This issue is merely a question of fact. Next, the driver’s behaviour will be assessed objectively.
Sentencing for those convicted of dangerous driving
A dangerous operation charge can be prosecuted by indictment or by summary conviction. In these cases, the maximum penalty is 5 years imprisonment and 6 months imprisonment or a fine of up to $5,000, respectively. Depending on the situation, the accused may also receive a driving prohibition.
Dangerous operation causing injury or death
Sometimes dangerous operation causes injury or even death. To be found guilty of dangerous operation causing injury or death, Crown counsel must prove not only the dangerous operation of the vehicle, but also the link between the dangerous operation and the bodily harm or death. When the accused is convicted of dangerous operation of a vehicle causing bodily harm, the maximum penalty is 10 years’ imprisonment. In the case of death, it is 14 years’ imprisonment.
It is important to note that impaired driving does not automatically constitute dangerous operation.
Get the best defence if you are charged with dangerous operation
Being convicted of dangerous operation or dangerous operation causing bodily harm or death has a serious impact on an individual’s life. Moreover, with so much evidence to build, it is best to properly prepare your defence.
Have you been accused of dangerous operation and want to consult a criminal law firm? Contact DUI Montreal Lawyer. Our lawyers will be committed to defending you to clear your name or reduce the impact of these charges on your life.