OVER the past two decades especially, Guyana has had several instances of horrific motor vehicular accidents that have resulted in several occurrences of multiple deaths, apart from the inevitable injuries suffered by those very fortunate to have survived.
Arising out of these road tragedies would have been persons charged for the offence of causing death by dangerous driving. One stands corrected by stating that without recourse to actual results of these court cases, sanctions have not been severe enough, and therefore the kind of reckless driving that gives rise to such tragic eventualities continues.
However, within recent times, there appears to be a change in this usual direction, supported by two just concluded cases where five years apiece as custodial punishment were handed down to two convicted drivers.
What was interesting, particularly in the latter instance, was the reaction of the courtroom, consisting of relatives and friends of the errant driver. It was one that voiced surprise, and even shock, at such a sanction that they perceived as very severe.
This is rather very unfortunate in a society that has a sizeable crew of reckless road users, by whose continuous, selfish use of the roadways, and blatant violations of traffic regulations, have caused death to numerous citizens, and maiming and disablement to others. Many of these matters are still outstanding due to a judicial system that has to cope with the notorious case backlog. It is because of this sloth in dealing with this particular category of offence that has perhaps emboldened the perpetuation of these road killers, as they are described.
One suspects that in the minds of many Guyanese that lives lost as a result of road accidents are not seen on the same level as those that are taken in more deliberate and intentional circumstances. But it must be emphasised that where laws are broken, culminating in the loss of lives, then the question of liability arises, resulting in the fact that there is a responsibility that has to be ascribed to a person or persons. It should be further explained that in other jurisdictions, this kind of offence usually carries an arraignment for manslaughter, and a substantial sentence if found guilty. As a reminder, the driver of the high-speed train that was derailed because of exceeding the speed limit will be charged for 70 counts of reckless homicide. There was even a suggestion in the media, by a bereaved mother who lost her young via a road accident, that persons responsible for such circumstances should be charged for murder. One can appreciate that parent’s saddened feeling when she made such a proposal. There are many more victims’ families who are of such sentiments.
Therefore, the time has come for a radical review of our traffic laws as they relate to this very serious, prevalent offence. Those who transgressed the traffic laws in so serious a manner, once found culpable, must suffer substantial penalty. It is rather insulting when one reads of the paltry sums sometimes offered as settlement. But such is usually offered by those whose aim is to avoid legal sanction.
This offer of compensation should be looked at holistically where lives are lost in accidents. If it is offered, then there are certain factors that must be considered, such as age of the victim, his/her economic value to family, especially where the dependants may be very young. But, it must not be allowed to be offered in an unfair manner, for the defendant to escape justice. From a total layman’s view, even if offered, it ought not to detract from a custodial sentence, where necessary.
After all, lives must not be seen as cheap.
Arising out of these road tragedies would have been persons charged for the offence of causing death by dangerous driving. One stands corrected by stating that without recourse to actual results of these court cases, sanctions have not been severe enough, and therefore the kind of reckless driving that gives rise to such tragic eventualities continues.
However, within recent times, there appears to be a change in this usual direction, supported by two just concluded cases where five years apiece as custodial punishment were handed down to two convicted drivers.
What was interesting, particularly in the latter instance, was the reaction of the courtroom, consisting of relatives and friends of the errant driver. It was one that voiced surprise, and even shock, at such a sanction that they perceived as very severe.
This is rather very unfortunate in a society that has a sizeable crew of reckless road users, by whose continuous, selfish use of the roadways, and blatant violations of traffic regulations, have caused death to numerous citizens, and maiming and disablement to others. Many of these matters are still outstanding due to a judicial system that has to cope with the notorious case backlog. It is because of this sloth in dealing with this particular category of offence that has perhaps emboldened the perpetuation of these road killers, as they are described.
One suspects that in the minds of many Guyanese that lives lost as a result of road accidents are not seen on the same level as those that are taken in more deliberate and intentional circumstances. But it must be emphasised that where laws are broken, culminating in the loss of lives, then the question of liability arises, resulting in the fact that there is a responsibility that has to be ascribed to a person or persons. It should be further explained that in other jurisdictions, this kind of offence usually carries an arraignment for manslaughter, and a substantial sentence if found guilty. As a reminder, the driver of the high-speed train that was derailed because of exceeding the speed limit will be charged for 70 counts of reckless homicide. There was even a suggestion in the media, by a bereaved mother who lost her young via a road accident, that persons responsible for such circumstances should be charged for murder. One can appreciate that parent’s saddened feeling when she made such a proposal. There are many more victims’ families who are of such sentiments.
Therefore, the time has come for a radical review of our traffic laws as they relate to this very serious, prevalent offence. Those who transgressed the traffic laws in so serious a manner, once found culpable, must suffer substantial penalty. It is rather insulting when one reads of the paltry sums sometimes offered as settlement. But such is usually offered by those whose aim is to avoid legal sanction.
This offer of compensation should be looked at holistically where lives are lost in accidents. If it is offered, then there are certain factors that must be considered, such as age of the victim, his/her economic value to family, especially where the dependants may be very young. But, it must not be allowed to be offered in an unfair manner, for the defendant to escape justice. From a total layman’s view, even if offered, it ought not to detract from a custodial sentence, where necessary.
After all, lives must not be seen as cheap.
