A recent court sentence which was heavily criticised for being too lenient showed the need for the Criminal Code to be amended so that penalties for dangerous driving reflected the gravity of the act, Nationalist MP Joe Giglio said on Wednesday.

“We cannot continue to have a situation where a motorist who, as a result of reckless driving, causes life-changing permanent injuries, is liable for the same punishment as in the case of breaking somebody’s leg,” Giglio said.

He was speaking during a debate on a bill amending the Traffic Regulation Act to raise the fines and penalty point deductions for traffic contraventions. 

Giglio was referring to a court judgement last month where a taxi driver who hit a pedestrian at 110 km/h, causing her severe life-changing injuries, was handed a three-year driving ban and a one-year jail sentence suspended for four years.

The Opposition MP said it was not enough to raise the fines for contraventions, but the provisions of the Criminal Code needed to be updated as well to serve as a proper deterrent.

At present, he said, clause 226 of the Criminal Code only spoke about a motorist causing grievous or slight injuries, without a proper definition of either. It was clearly the time to introduce a graded system where the penalty fitted the crime, in this case the consequences of reckless driving, he said.

Nationalist MP Joe Giglio.

Clause 225 of the code also needed to be amended. Clause 225 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.

Clamping down on driving under the influence of drugs

Giglio also insisted that the law needed to be updated to ensure a clamping down on driving under the influence of drugs, more so now that recreational cannabis was being allowed.

One could not continue to have a situation where the authorities clamped down on drink-driving but did not have the same facilities to quickly test for driving under the influence of drugs, he argued.