Appropriate charge in case of cyclist killing pedestrian?
Re: “Husband appalled by sentence in wife’s death”, (Citizen, Feb. 27)
I am not a lawyer, but I learned a bit about criminal law when I studied criminology many years ago. I was disappointed when the prosecutor stated there was a lack of intent in this case to support more serious charges.
I learned that accidently causing a person’s death is loosely the definition of the charge of manslaughter. As I see it, the victim’s injuries and consequent death are evidence enough to support this charge. I understand that intent can be inferred from an offender’s unlawful acts. In this case, the rider sped through a busy intersection against the lights and seriously injured a lady, who later died from her injuries.
When that accident is the likely and forseeable result of the rider’s dangerous actions when he rode into the crosswalk where the accident occurred, and the lady died because of her resulting injuries, does this mot support a charge of manslaughter?
If it does, it might not result in any more harsh a penalty if the rider was convicted of manslaughter, because there is no minimum sentence for manslaughter convictions. The offender might have been fined the same amount and he would have a criminal record for the rest of his life, unlike this case. Maybe it was best to reserve criminal charges for more violent crimes.
Tim Metherell
Shawnigan Lake