CASE LAW - R v Chisholm

BC Courts Coat of Arms0">This is a tragic case where a rear end collision resulted in the death of a taxi driver and severe burns to his passenger when the taxi caught fire post collision. The events that led up to the taxi being rear ended are no doubt common in every day traffic here in British Columbia, but in this case did not end in a near miss. The young man responsible was distracted by operating his stereo or air conditioning, even after observing the taxi in front of him to have been driven erratically. The inattention resulted in the crash when the taxi stopped and was not noticed until too late. The charge was driving without due care and attention under section 144(1)(a) of the Motor Vehicle Act.




This Tragic case today,as well as 144(1)(a)

Could you not now also be charged under the Criminal Code 249?

Witch carry,s a not more than 14 Year Jail Sentance,with a Criminal Record which follows you for life?



Criminal charges are always a possibility and you can bet that Crown Counsel studied all the available evidence before deciding on which charge would proceed before the courts. In this case, I can only guess that there was not a significant likelihood of conviction so the MVA charge was what was chosen as appropriate.

Appropriate for the courts

For the familys of the Taxi driver,I bet not so appropriate,and for the passenger in the taxi,I bet not so appropriate.I hazard a guess they are,nt so pleased with this outcome. I bet they would,nt have disagreed with Criminal Charges in this Case.

My Opinion.

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