PUNISHING OUTCOMES RATHER THAN INTENTIONS
Crucially, neither careless nor dangerous driving are offences of intention. If the offender intended to cause hurt or death by intentionally getting into an “accident”, he may be charged under the Penal Code for voluntarily causing hurt or grievous hurt, or even an offence of murder. These, naturally, will attract significantly harsher penalties.
Therefore, when assessing the adequacy of punishments for road traffic accidents, it is important to remember that these are, at their root, accidents. Offenders are punished for the outcome of their actions, rather than their intentions.
Consider the following scenario: A motorist driving along an expressway decides to filter from one lane to another. After checking that the next lane is clear, he executes the lane change.
However, he fails to see a motorcyclist riding in between two lanes coming his way, and sideswipes the motorcyclist. The motorcyclist is flung off his motorcycle and suffers injuries which ultimately prove to be fatal.
How should this motorist be punished? On one hand, the motorist made an error of judgment that is, in the grand scheme of things, minor. However, it resulted in the loss of life. Depending on which perspective you take, your view on the harshness or leniency of the sentence may vary significantly.
Consider again a variation of the scenario above. Although the motorist does not see the motorcyclist, the motorcyclist sees the car changing lanes, and slows down, thus avoiding an accident. Even though the driver was equally careless in both instances, he is not punished in this second scenario. The difference is striking.
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