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Mountie dodges drunk charge
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December 2, 2009
Weighing the charges against RCMP corporal
RCMP Corporal Benjamin “Monty” Robinson has been charged with obstructing justice following an investigation into a fatal crash in Delta. The Crown did not charge Robinson with impaired driving causing death because it contends there is not enough evidence to prove he was over the legal limit. SFU criminologist David MacAlister says it is difficult to say much, as details of the incident have still not fully come to light. But he is curious as to why Robinson was not charged with failure to stop at the scene of accident under Sec. 252 of the criminal code. He adds failure to stop where a person has been injured and appears to require assistance, and subsequently dies from their injuries, is a separate offence that carries a maximum penalty of life in prison—the same as impaired driving causing death. "It’s a difficult section to satisfy, especially without knowing more about the facts," says MacAlister, adding that "all of the talk so far has been about obstructing justice and impaired driving causing death, but this other offence may better fit the facts." The charges come on the heels of a major conference on police accountability on Monday involving police, government officials and academics, including MacAlister.
David MacAlister, 778.782.3019; 778.230.7296; dmacalis@sfu.ca
RCMP Corporal Benjamin “Monty” Robinson has been charged with obstructing justice following an investigation into a fatal crash in Delta. The Crown did not charge Robinson with impaired driving causing death because it contends there is not enough evidence to prove he was over the legal limit. SFU criminologist David MacAlister says it is difficult to say much, as details of the incident have still not fully come to light. But he is curious as to why Robinson was not charged with failure to stop at the scene of accident under Sec. 252 of the criminal code. He adds failure to stop where a person has been injured and appears to require assistance, and subsequently dies from their injuries, is a separate offence that carries a maximum penalty of life in prison—the same as impaired driving causing death. "It’s a difficult section to satisfy, especially without knowing more about the facts," says MacAlister, adding that "all of the talk so far has been about obstructing justice and impaired driving causing death, but this other offence may better fit the facts." The charges come on the heels of a major conference on police accountability on Monday involving police, government officials and academics, including MacAlister.
David MacAlister, 778.782.3019; 778.230.7296; dmacalis@sfu.ca