zer0blivion
Member
There may be an appeal and I hope it prevails. They hit a parked car. It may as well been a rock, their actions would have caused them the same outcome.
Peoples emotional responses with this "don't blame victims" mantra are just that, Emotional. Not objective at all.
History as shown plenty of people be victims of their own actions.
That verdict needs to appealed ASAP. They charged her with "Dangerous Driving"?! Her car was parked. Can't be guilty of a moving violation if your car is not in motion while driving it. Miss trial, Jury Incompetence..
Edit: Saw more pictures, horrific stuff. Unfortunate all around, however those charges I do not agree with it. She's not a criminal and she's not a cold heartless killer who thinks nothing of life lost to lock away 15 to life.
Should I be allowed to put a car-size rock in the passing lane of a highway? Of course not.
She was charged with, and found guilty of, two counts of dangerous operation of a motor vehicle causing death and two counts of criminal negligence causing death.
http://laws-lois.justice.gc.ca/eng/acts/c-46/page-121.html
Criminal Code of Canada said:Dangerous operation of motor vehicles, vessels and aircraft
249. (1) Every one commits an offence who operates
(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
Do you think it's safe to park your car in the passing lane of a highway without putting on your hazard lights? I would argue that it is in fact very dangerous.
Dangerous operation causing death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
http://laws-lois.justice.gc.ca/eng/acts/c-46/page-112.html
Criminal Code of Canada said:Criminal negligence
219. (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
Definition of duty
(2) For the purposes of this section, duty means a duty imposed by law.
R.S., c. C-34, s. 202.
Marginal note:Causing death by criminal negligence
220. Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.
By parking her car in the passing lane, I believe she fulfills the requirements of 219.(1)(a) and by not pulling over to the side of the road or putting on her hazard lights, she fulfills the requirements of 219.(1)(b).
I think the jury reached the correct verdict. Just because you disagree with it, doesn't mean it was a mistrial.