Nationalist MP calls for amendments to Criminal Code to reflect severity of dangerous driving penalties

Nationalist MP Joe Giglio called for amendments to the Criminal Code to ensure that penalties for dangerous driving reflected the severity of the act, following a recent court sentence that was widely criticized for being too lenient. 

Speaking during a debate on a bill amending the Traffic Regulation Act to increase fines and penalty point deductions for traffic contraventions, Giglio suggested it is not enough to raise fines when the Criminal Code itself needs updating. 

Giglio argued that a graded system should be introduced, where the punishment fitted the crime, instead of the current situation where a motorist who causes life-changing permanent injuries is liable for the same punishment as in the case of breaking someone's leg. 

He cited a recent court judgment where a taxi driver hit a pedestrian at 110 km/h, causing severe life-changing injuries, and was handed a three-year driving ban and a one-year jail sentence suspended for four years. 

At present, clause 226 of the Criminal Code only speaks about a motorist causing grievous or slight injuries without a proper definition of either, and Giglio argued it was time to introduce a graded system where the penalty fitted the crime.

Clause 225 of the code also needed to be amended, which currently provides that "whosoever, through imprudence, carelessness, unskilfulness in his art or profession, or non-observance of regulations, causes the death of any person, shall, on conviction, be liable to imprisonment for a term not exceeding four years or to a fine not exceeding €11,646.87". 

Clause 226 adds that where grievous bodily harm ensues, the offender shall, on conviction, be liable to imprisonment for a term not exceeding one year or to a fine not exceeding €4,658.75. 

When the injury does not cause permanent debility of any organ of the body, or any permanent defect, the punishment is a prison term not exceeding six months or a fine not exceeding €2,329.37. If the harm is slight, the punishment is as that for contraventions.

Giglio also called for updated laws to clamp down on driving under the influence of drugs, especially after cannabis has been legalised. 

He argued that it was unacceptable to have a situation where the authorities could clamp down on drink-driving, but did not have the same facilities to quickly test for driving under the influence of drugs.