Comment 98471

By F (anonymous) | Posted March 15, 2014 at 12:21:31 in reply to Comment 98461

no, I'm not more concerned with the driver than the victim. What I'm concerned about is placing fault on blameless persons. I'm not comfortable with a reverse onus under any circumstances where the effects are to potentially imprison someone who may not have been negligent. Yes there is the risk that blameworthy people are not punished, but that's implicit in our criminal system generally - we require proof of criminal intent or negligence beyond a reasonable doubt. I'm surprised that HTA rule stands up to the Charter and would be interested to know how.

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