[li] I understand the third charge, but what exactly are breach of recognizance and common nuisance?[/li]
[li] ‘Breach of recognizance’ and ‘common nuisance’ sound like ‘disturbing the peace’ or ‘littering’. Do they carry that much of a charge? Could the police not find more serious violations? Holding a child out a speeding vehicle sounds something more like attempted manslaughter or murder.[/li]
[li] Are the woman and/or the driver be charged for the other accidents (cars trying to get out of the way)?[/li]
Anyone have a follow-up story on this?
The woman has seen the inside of a courtroom before. At that time, she undertook to do something, or refrain from doing something, as a condition of leaving that courtroom. Her actions on the highway violated the terms of that recognizance.
“Failure to provide the necessities” is a pretty whimpy-sounding charge. I don’t know on these facts whether it has been laid in connection with the highway incident, or with other facts that the police have learned in their investigation. Sometimes this charge is laid, and later on a more serious one is added to the charges against the accused.
recognizance in Canada sounds like parole in the US. You give your word to the judge that you will or will not do something and if you violate that word you are in trouble.
I believe that in this case, the breach of recognizance was that her husband (with whom she was in the car with arguing whilst holding the kid out the window) has a restraining order against her. Smart man…
Here is a PDF version of (a preliminary version of) the Canadian Justice Department’s Recognizance form, complete with the penalties for non-compliance. Basically it’s a blanket restraining order. Breach of recognizance is an indictable offence punishable by up to two years.
A common nuisance is committed by anyone who, in otherwise breaking the law, endangers the lives, safety etc. of the public (which she is charged with since her alleged actions caused two other cars to collide). Also an indictable offense punishable by up to two years.
Oh, and in Canada, two years is a magic number; terms of less than two years are served in provincial facilities, while terms of two years or more are served in federal facilities. Which is why many sentences are ‘two years less a day’.