44 Pa. Commw. 326 | Pa. Commw. Ct. | 1979
Opinion by
Katherine B. Turner (appellant) appeals a decision of the Pennsylvania Crime Victim’s Compensation Board (Board) that she is not eligible for compénsation under Section 477 of The Administrative Code of 1929 (Code) ,
The appellant’s husband, while driving with the appellant and their son, was struck by an automobile driven by Helen Patricia Davis, who was subsequently tried on charges of murder and involuntary manslaughter. The evidence at the Davis trial indicated that she was traveling on a four-lane divided highway at an excessive rate of speed and in a reckless manner when she lost control of her car and it crossed the median, colliding with the appellant’s car. She was convicted on the charges. The Board denied the appellant’s claim because, it reasoned, the appellant’s husband was not the victim of a “crime” within the meaning of Section 477, which contains the following restrictive provision:
Provided, however, That no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purpose of this act unless such injury was intentionally inflicted through the use of a motor vehicle.
The Board’s' position was that the injury inflicted on the victim here was not “intentionally inflicted” as these words are commonly understood. The appellant argues, however, that we should construe these words liberally so as to encompass the circumstances of this
Under the .Statutory Construction Act of 1972, 1. Pa. C.S. §1903(a), words not defined by the legislature are to be construed “according to their common and approved usage” unless they are technical or “have acquired a peculiar and appropriate meaning.” The appellant, in essence, urges us to construe the word “intentionally” as equivalent to having general criminal intent. We do not believe, however, that the word as used by the legislature here is' synonymous with the technical criminal-law concept. ' Simply put, criminal intent is an element of common-law crimes which is sometimes denominated mens rea and which refers to the mental state of the accused at the time the criminal act was committed. See Perkins, Criminal Law 743 (.2d ed. 1969). It encompasses reckless and even negligent misconduct as well as knowing and purposeful acts. See Perkins, supra, at 744-45 and 752-64. Inasmuch as criminal intent is an element of most crimes, the restriction imposed by Section 477 would be practically meaningless if we were to equate “having criminal intent” with'“intentionally.” The result of such a. construction would be that every victim of an automobile accident, in which the driver responsible was charged with a crime as a • result of gross negligence or recklessness, would be entitled to compensation from the state. Clearly, this is the precise situation which the legislature was attempting to avoid when it included the motor-vehicle injury • restriction, and we cannot construe a statute to defeat its clear legislative purpose.
As to whether or not the word “injury” as used in the Code includes death, we think that it does and that the motor-vehicle injury restriction is therefore applicable here. Like “intentionally,” the word “injury” is not defined in the Code, nor do we think it is used in any technical sense. Looking, therefore, to its common usage, we observe that “injury” is defined in Webster’s Third New International Dictionary 1164 (1966) as “an act that damages, harms or hurts: an unjust or undeserved infliction of suffering or harm . .. [or] hurt, damage, or loss sustained. . . Certainly, an act which so “damages, harms or hurts” that death results fits within the above definition.
We are aware, as the appellant emphasizes, that in other sections of the compensation provisions, the legislature speaks in terms of “injury or death.” We do not believe, however, as the appellant contends, that the legislature therefore intended to exclude death
Any award made pursuant to sections-477 to° 477.15 shall be in an amount not exceeding out-of-pocket loss, together with loss of past, present or future earnings or support resulting from such injury. In no case shall the total amount of an award exceed twenty-five thousand dollars ($25,000). (Emphasis supplied.)
Were we to accept the appellant’s position that “injury” does not include death, the result would be that out-of-pocket loss and loss of earnings and support would not be compensated if the victim of a crime died. In other words, only victims who survived could be compensated — a plainly unreasonable result which is contrary to the manifest intent of the legislature. Believing as we do that a statute must be construed as a whole, giving reasonable effect to all its provisions,
The .order, of the Board must therefore be affirmed.
And Now, this Í8th day of July, 1979, the order of the Crime Victim’s Compensation Board in the above-captioned matter is hereby affirmed.
Act of April 9, 1929, P.L. 177, as amended, added by Section 2 of the Act of July 9, 1976, P.L. 674, as amended, 71 P.S. §180-7.
This definition is also suggested in Restatement (Second) of Torts §8A, Comment b (1965) :
All consequences which the actor desires to bring about are intended. . . . Intent is not, however, limited to consequences which are desired. If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result. As the probability that the consequences will follow decrease, and becomes less than substantial certainty, the actor’s conduct loses the character of intent, and becomes mere recklessness. . . .
Of. Restatement (Second) of Torts §8A, Illustration 2 (1965) : On a curve in a narrow highway A, without any desire to
See Commonwealth v. Taylor, 461 Pa. 557, 337 A.2d 545 (1975).
[A]n act may involve a wanton and willful disregard of an unreasonable human risk as to constitute malice aforethought even if there is no actual intent to kill or injure.
Perkins, supra, at 36.
Section 477.9(b) of tbe Code, 71 P.S. §180-7.9(b) ; Section 477.9(e) of tbe Code, 71 P.S. §180-7.9(e) ¡.Section 477.9(f) of tbe Code, 71 P.S. §180-7.9(f).
71 P.S. §180-7.9 (b).
See 1 Pa. C.S. §1921 (a) ; Crary Home v. DeFrees, 16 Pa. Commonwealth Ct. 181, 329 A.2d 874 (1974) ; 2A J. Sutherland, Statutes, and Statutory Construction 56-68 (4th ed. C. Sands 1973).