The vital role judges play in sentencing cannot be overstated. A system where you have a predetermined punishment for each crime would not be justice. We can see this in sentencing in driving without due care and attention cases that involve death.
While decisions must be consistent and rely on previous cases, our justice system rightly factors in a human element. In this tragic case from Vancouver last year, we can see how the particular circumstances of a case are taken into account to decide a sentence.
Circumstances of the case
Mr. Alban Queyras, a French National plead guilty to driving without due care and attention. He was vacationing in B.C. last year and was driving from Whistler to Vancouver with his wife, children and some friends. The Dodge Caravan they were travelling clipped the rear of a Ford F-150 and crossed the centre line before colliding head-on with a car travelling in the opposite direction.
A 29-year-old woman in the other vehicle died as a result of the crash.
What is driving without due care and attention?
There are two ways that you can be charged with in relation to careless driving in B.C.
You can be charged under s. 144 of Motor Vehicle Act. It is defined as driving without due care and attention, without reasonable consideration of others on the highway or at an excessive speed relative to traffic, visibility or weather conditions. It is not a criminal offence and is punishable with a fine.
In more serious cases, you might be charged under the Criminal Code for an offence like criminal negligence causing death. The Crown might pursue this charge if a defendant shows a “wanton or reckless disregard” for the lives or safety of others. Criminal negligence causing death is punishable by a jail term of anything up to life imprisonment.
What happened in this case?
In Mr. Queyras’ case, he had no criminal or driving record and there was no suggestion that he was under the influence of alcohol or drugs at the time. He openly admitted that he believed he had fallen asleep at the wheel. Mr. Queyras had only had two hours sleep two nights before the incident and six hours the night before because his two 11-month old twins were not sleeping well in Whistler. He had consumed a coffee before the collision and considered stopping for a rest but did not in the end.
Crown counsel decided to proceed with charges under the Motor Vehicle Act rather than pursuing a criminal charge. They did not seek a driving prohibition because doing so would be “meaningless” as the defendant lives in France.
Sentencing
Since the Mr. Queyras plead guilty to the charge of careless driving, it was up to the judge to decide a sentence “proportionate to the gravity of the offence and the degree of responsibility of the offender”.
This means a number of factors were considered counter to the severe consequences of the crash and the impact on the deceased driver’s family. These mitigating factors included the defendant’s early guilty plea and cooperation, his otherwise clean driving record and the fact he went back to France and, therefore, posed no further threat to the community.
In this case, the Crown acknowledged that the defendant’s blameworthiness did not amount to a criminal offence. The judge sentenced him to a $1,800 fine. While this may seem like getting off lightly, the judge acknowledged that there is nothing within the powers of the Court that would be proportionate to the loss experienced by the family. Sentencing in driving without due care and attention cases must take the impact of the offence into account but they also have to be based on the particular set of circumstances of the case.
If you have been charged with driving without due care and attention, I can help.
