Stuff I didn't know
- Thread starter Nuggler
- Start date
With chronic offenders, and where death has occured probably indicates that mens rea, or the criminal intent, is present. The simple act of driving without insurance, registration, license doesn't necessarily meet the requirement of mens rea for a conviction under the criminal code. In this case, you actually have to do something where harm is intended, or not do do something that a "reasonable" person would do that results in harm. In this case, the latter could mean leaving a loaded firearm unattended, but that is also open to interpretation. What we have now is the criminalizing folks for doing nothing, where no harm is intended, no harm is done, and there is no intent to cause harm. Gotta love the system.
It's about liability. If there were damages the motor vehicle act didn't have enough oomph to collect other than a surcharge on a driver's license "if" the person ever gets one. Now you can face both time and a fine resulting in property forfeiture.
You have to have a license to register a firearm, so yes, you are registered. Does nobody else get this yet???? If you have one or one hundred fifity three firearms, only one has to be registered and they have you, it is the owner who is registered, they've gotcha. All this crap about scrapping the registry is window dressing, they've still gotcha. Bloody hell, I feel like I'm p*ssing into the wind, it's not the registry, (well, it is partly) but its the licensing of owners, that is a violation of our rights, rights affirmed by King James for cripes sake. We have to get off the sofa and defend our rights. Rights aren't given, they are fought for and defended by the people who own them, governments only take them away. And governments have good reason to take away the right for citizens to defend themselves, Hitler, Stalin, Mao, Castro, they all had good reason.
You can certainly face time, but a conviction under a provincial statute will get you a maximum of two years less a day and no criminal conviction. But you can also get a conviction under the CC that will get you even less custodial time, but you have a monkey on your back for life.
Depending on the severity of damages you can be indicted under the hybrid clause. I wish i could find the cash that changed all this. The jackass that the changes stem from was in 8 crashes with 6 different vehicles. 2 of the crashes were while on bail for there being a death in one of the other crashes. I wasn't kidding when I said they made some really stiff changes and opened up a chance to nail liability to the offender.