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Old 06-26-2014, 04:04 PM
 
Location: Rural Central Texas
3,585 posts, read 9,020,078 times
Reputation: 5402

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If I were to suffer a mechanical breakdown and were unable to move the vehicle out of the fast lane to the shoulder and someone hits me, it is a tragic accident. If I knowingly stop my vehicle in that same lane and do nothing to warn oncoming traffic, it is negligence.

The difference between manslaughter and murder is only intent. A vehicle causing a road hazard through no intent is just a hazard while that vehicle left there by intent is a totally different matter.

This woman caused a situation to exist and must face the consequences for it. The proximate cause of the accident was not the speeding or following too close. If the cyclist was moving at the speed limit and suddenly became aware of the stopped vehicle he still would have crashed as evident by his wife laying down her bike even with more notice and her lower vehicle speed. There is no way to determine if having more distance between him and the camper would have permitted a quicker reaction due to the other distractions noted at the scene and the fact that the camper in front of him, even further ahead, would have blocked his vision until after it swerved.

I think her thoughtless action is the cause of the accident and other contributing factors are only minimal secondary considerations.
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Old 06-26-2014, 04:21 PM
 
Location: Toronto, Ontario, Canada.
2,540 posts, read 3,070,663 times
Reputation: 6721
Johnrex:

You did a good job of summarising the situation , and why she was convicted on all four charges, two of Dangerous Driving Causing Death ( one for each person that died ) and two charges of Criminal Negligence Causing Death. The Crown Attorney used very similar wording, in his summation, to the jury.

Please remember these facts...Not only did she STOP her car on the live lane of a highway, She got out of it and was trying to herd a bunch of baby ducks along the pavement. In my opinion, that is NOT the same thing as a vehicle that momentarily stops, due to other vehicles having stopped ahead of it, and then moves on, again.

Both charges come under the Criminal Code of Canada, not Quebec Provincial law. Canada , unlike the USA, has ONE national Criminal Code, that applies in ALL parts of Canada. Provinces and Territories can only enact laws that apply to THEIR jurisdiction. Examples would be the Quebec mental health act, or the Manitoba Fish and Game regulations.

It remains to be seen what the sentencing Justice will decide, for punishment, and as a public notice, to prevent future acts, such as this.

I predict a sentence of from six to eight years, in a Federal Prison. Federal time, because she was convicted under Federal statue, the CCoC.

Jim B. Toronto.

Last edited by canadian citizen; 06-26-2014 at 04:31 PM..
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Old 06-26-2014, 05:19 PM
 
Location: Texas
42,307 posts, read 49,920,131 times
Reputation: 67196
Quote:
Originally Posted by jambo101 View Post
OK he was going 15mph over the speed limit, he wasnt going any faster than the trailer in front of him, i doubt he was tailgating as none of the witnesses have testified that he was driving in an abnormal fashion,his only error was following at a normal distance behind the trailer and not following a half mile behind that trailer.And for that error in judgement he and his daughter are now dead thanks to some nutjob who thought it a good idea to stop in the middle of an expressway to tend the cute little ducks.
Obviously the biker has paid the supreme price for his actions, which leaves our duck woman, what do you think her penalty should be?
Something along the lines of traffic violation and negligence but nothing with the words murder or manslaughter involved.
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Old 06-26-2014, 05:34 PM
 
33,190 posts, read 39,219,464 times
Reputation: 28531
Quote:
Originally Posted by stan4 View Post
Something along the lines of traffic violation and negligence but nothing with the words murder or manslaughter involved.
Sentiment from the talk shows here in the city isnt seeing what point would be served by dishing out a long jail time for the woman as obviously she's learned her lesson and wont stop on the highway again for ducks she also has to live with the fact that her stupidity cost the lives of 2 people, most people are thinking it was a tragic accident and the penalty should be something on the order of license suspension for 5 years and a hefty dose of community service.
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Old 06-26-2014, 06:42 PM
 
Location: Dallas
5,467 posts, read 4,597,667 times
Reputation: 15594
Whatever happened to the ducks?
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Old 06-26-2014, 07:33 PM
 
Location: Texas
42,307 posts, read 49,920,131 times
Reputation: 67196
Quote:
Originally Posted by jambo101 View Post
Sentiment from the talk shows here in the city isnt seeing what point would be served by dishing out a long jail time for the woman as obviously she's learned her lesson and wont stop on the highway again for ducks she also has to live with the fact that her stupidity cost the lives of 2 people, most people are thinking it was a tragic accident and the penalty should be something on the order of license suspension for 5 years and a hefty dose of community service.
I agree.

I would agree with no license ever, but I tend to be a hard ass about driving safety.
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Old 06-26-2014, 10:11 PM
 
Location: Crappyville,PA
337 posts, read 249,217 times
Reputation: 486
I believe she meant well. But her act of stupidity did cost two people their lives. I think a light sentence, 2 or 3 years, along with a lifetime ban of a drivers license, would be fair.
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Old 06-27-2014, 03:41 PM
 
33,190 posts, read 39,219,464 times
Reputation: 28531
Reminds me of a time 40 years ago driving around Washingtons beltway, traffic was heavy and going fast ,all of a sudden there was a dog running between the cars
for a moment i thought i was going to miss him but unfortunately he decided to stop running..bang.
i get emotional just thinking about it to this day but there wasnt a damned thing i could do about it short of slamming on the brakes and causing a major pile up. Sometimes ya just got no choice,the ducks the dog the wild life get run over.. sorry pal i'll make it up to you when i see you on the other side....
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Old 06-27-2014, 04:01 PM
 
Location: State of Transition
72,985 posts, read 64,465,955 times
Reputation: 68928
Quote:
Originally Posted by WiseManOnceSaid View Post
Can't jump out of your car to help ducks on a busy highway... I'm sure while the verdict was being read, she was sobbing. Crying for those poor little ducks, and how she was only trying to help.
Actually, she wasn't trying to help. She said she wanted to capture the ducklings and take them home, which is bizarre. Undoubtedly the mother was nearby (she wouldn't have completely abandoned her young, though that's what it looked like to defendant). Very bad judgment, and just plain selfish behavior, on the part of the defendant.
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Old 06-29-2014, 08:13 AM
 
Location: Austin, Texas
3,093 posts, read 3,995,836 times
Reputation: 3095
Incredibly stupid move. But life in prison is excessive. This woman is not a hardened criminal. There needs to be consequences, but that's not it. Usually Canada's more progressive than this, kinda surprised.
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