V-1.3 - Act respecting off-highway vehicles

Section 124 Disposition versions

2020-12-30

124. In determining the fine to be imposed under this Act, the judge may take into account aggravating factors such as

(1)  the seriousness of the harm or the risk of harm to the safety of persons;

(2)  the intentional, negligent or reckless nature of the offence;

(3)  the foreseeable nature of the offence or the failure to follow recommendations or warnings to prevent it;

(4)  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences;

(5)  the increase in revenues or decrease in expenses that the offender intended to obtain by committing the offence or by omitting to take measures to prevent it; and

(6)  the offender’s failure to take reasonable measures to prevent the commission of the offence or mitigate its consequences despite the offender’s ability to do so.

2020, c. 26, s. 124.

Not in force

In force: 2020-12-30

124. In determining the fine to be imposed under this Act, the judge may take into account aggravating factors such as

(1)  the seriousness of the harm or the risk of harm to the safety of persons;

(2)  the intentional, negligent or reckless nature of the offence;

(3)  the foreseeable nature of the offence or the failure to follow recommendations or warnings to prevent it;

(4)  the offender’s attempts to cover up the offence or failure to try to mitigate its consequences;

(5)  the increase in revenues or decrease in expenses that the offender intended to obtain by committing the offence or by omitting to take measures to prevent it; and

(6)  the offender’s failure to take reasonable measures to prevent the commission of the offence or mitigate its consequences despite the offender’s ability to do so.

2020, c. 26, s. 124.