Impaired Driving, Over 80 and Refusal Causing Bodily Harm or Death (Sentencing Cases)

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Causing Bodily Harm

Case Name Prv. Crt. Sentence Summary
R v Gauvreau,
2017 ABCA 74 (CanLII), per curiam
AB CA 15 month The offender pleaded guilty to impaired driving causing bodily harm. The offender fled the scene after the collision. The judge imposed a 15 year driving prohibition.
R v Geroge,
2016 NSCA 88 (CanLII), per Bryson JA
NS CA 4 months The offender pleaded guilty to driving while impaired. He harmed his girlfriend in a collision. He was 22 years of age and was remorseful. He was found to have continued to drink despite statements to the contrary.
R v Hiebert,
2016 MBPC 22 (CanLII), per Slough J
MB PC 6 years (impaired)
6 months (poss'n)
9 months (assault wpn)
The offender was convicted of impaired driving causing bodily harm and dangerous driving causing bodily harm as well as possession of stolen property and assault with a weapon. He stole a car and drove it causing a collision. He pulled a knife on two witnesses to the collision. He had 5 prior convictions for driving related criminal offences. He had an aboriginal background.
R v Anderson,
2016 MBPC 28 (CanLII), per Martin J
MB PC 90 days The offender was in a head-on collision with a vehicle holding three young men. The men were significantly injured. The BAC in the offender was 185 to 221.
R v Drozdowski,
2014 ONCJ 264 (CanLII), per Brown J
ON PC 90 days three victims injured.
R v Clements,
2013 MBPC 69 (CanLII), per Krahn J
MB PC 12 months The offender plead guilty to impaired causing. He cut off another vehicle while driving erratically. He caused the other car to turn 90 degrees and go on the sidewalk. The two young persons in the vehicle suffered bruising and soft tissue injury. The offender fled the scene. He had a BAC of 260. He had a prior record of impaired driving and driving while disqualified.
R v Gill,
2013 BCPC 245 (CanLII), per Hicks J
BC PC 90 days The offender T-boned another car containing a mother and daughter when driving into oncoming traffic. The mother suffered fractured rib, lacerations to her spleen and liver, soreness ot her knees, whiplash and broken pelvis, requiring surgery. The daugher thought that her mother was dead and suffered emotionally from the accident. The offender tried to leave the scene of the collision. His BAC was 180. He was 30 years old and had no prior record.
R v Spencer,
2013 SKQB 183 (CanLII), per Gunn J
SK SC 10 months
R v Daly
2013 SKPC 40 (CanLII), per Kalmakoff J
SK PC 6 months
R v Gomez
2013 MBQB 43 (CanLII), per McKelvey J
MB SC 90 days The offender hit a hydro pole and injured some of his 5 passengers. One passenger had a broken wrist, fractured vertebrae and knee Another had a broken harm that never healed properly. The offender's BAC was 180.
R v MacPherson
2013 ABCA 62 (CanLII), per Slatter JA
AB CA 12 months
R v Armstrong
2012 SKQB 428 (CanLII), per Scheibel J
SK SC 3 months Bodily harm
R v Voerman
2012 BCPC 125 (CanLII), per Gouge J
BC PC 6 months
R v Mosher
2012 MBPC 24 (CanLII), per MJ Smith J
MB PC 45 days The offender drove through a red light at a high rate of speed and hit a police vehicle. One officer suffered soft tissue injuries, including a separated shoulder. He missed work and had ongoing sleeping problems. The other suffered a blow to the head and suffered sore neck and back requiring medication. He missed a week of work. The offender's BAC was 120 to 130. He was 20 years old with no record.
R v Henderson
2012 MBCA 9 (CanLII), per Hamilton JA
MB CA Suspended Sentence driving causing bodily harm, vicitm in hospital
R v O’Keefe
2011 CanLII 77298 (NL PC), per Orr JNL
PC 30 months impaired driving causing bodily harm on 2 individuals {{{5}}}
R v Meller
2011 BCPC 318 (CanLII), per Baird Ellan J
BC PC 4 years imprisonment serious injuries' serious and long record
R v Gamble
2011 ONCJ 513 (CanLII), per Harris J
ON PC 6 months
R v Lamouche
2011 ABCA 301 (CanLII), per Watson JA
AB CA 8 months?
R v Littlecrow
2011 SKQB 393 (CanLII), per Gabrielson J
SK SC 2 years less a day
R v Crookedneck
2011 SKCA 89 (CanLII), per Gerwing JA
SK CA
R v Ruizfuentes
2010 MBCA 90 (CanLII), per Chartier JA
MB CA 6 years imprisonment impaired causing bodily harm--dated unrelated record--15 year driving prohibition
R v Currell,
2010 ONCA 826 (CanLII), per curiam
ON CA 12 months
R v Grozell,
2010 ONSC 307 (CanLII), per Lauwers J
ON SC 13 months He was speeding while intoxicated. He lost control of the vehicle and crashed, gravely injuring a passenger. The driver's readings were 207 and 269. He had no prior record. The judge also ordered 3 years driving prohibition.
R v Audy,
2010 MBPC 55 (CanLII), per Slough J
MB PC $1,000
R v Jardine,
2009 NBQB 219 (CanLII), per McLellan J
NB SC 12 months He drove his car at 132km/hr in a 50km/hr zone. The car became airborne and hit a parked vehicle and flipped upside-down.
R v Kannokko,
2009 ABPC 199 (CanLII), per Barley J
AB PC 8 months
R v Weisgerber
2009 SKPC 107 (CanLII), per Harradence JSK
PC SK PC $2,000 + probation
R v Williams,
2009 NBPC 16 (CanLII), per Walsh J
NB PC 6 months CSO Offender plead guilty. Offender lost control of car, causing it to flip. Two passengers in car were injured, including broken bones, and significant rehab.
R v Smith
2009 SKCA 38 (CanLII), per Lane JA
SK CA
R v Roininen,
2009 ABPC 299] (CanLII), per Redman J
AB PC 9 months CSO
R v Bear
2008 SKCA 172 (CanLII), per Smith JA
SK CA
R v Cappo
2005 SKCA 134 (CanLII), per Sherstobitoff JA
SK CA
R v Robbie
2005 SKPC 72 (CanLII), per Lavoie J
Robbie J {{{5}}}
R v Goudreault,
2004 CanLII 34503 (ON CA), per Labrosse JA
ON CA 60 days Offender rear-ended victim's car at an intersection.
R v Rowan,
2004 CanLII 22935 (ON CA), per curiam
ON CA 60 days
R v Anderson,
2004 BCCA 547 (CanLII), per curiam
BC CA 90 days The offender pled guilty to impaired causing bodily harm. His vehicle drove into oncoming traffic and hit a van. A passenger in the van was injured. He was 41 years old with 3 prior drunk driving convictions. He was remorseful and took counselling.
R v Galloway
2004 SKQB 130 (CanLII), per GA Smith J affirmed 2004 SKCA 106 (CanLII), per curiam
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R v Decap
2003 SKQB 450 (CanLII), per Barclay J
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R v Wahobin
2002 SKPC 53 (CanLII), per Meekma J
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R v Regnier
2002 SKCA 82 (CanLII), per Lane JA
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R v Andres
2002 SKCA 98 (CanLII), per Vancise JA
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R v Bouchard
[2002] OJ No 5357 (*no CanLII links)
NS 16 months + Pr + 2 year Drv Proh (impaired + breach) The offender plead guilty to impaired driving causing bodily harm and breach of conditions. He drove into the wrong lane and hit an oncoming vehicle. He was 22 years old with an aboriginal background. He had a serious drinking problem. The judge accounted for 99 days remand credit.
R v Trobert
1999 SKQB 189 (CanLII), per Scheibel J aff'd 2000 SKCA 113 (CanLII), per Bayda CJ
SK CA 2 years less a day
R v Hamel,
1999 CanLII 12226 (SK CA), per Jackson JA
SK CA 6 months He attended a "stag" party and offered to drive to the next destination. He drove down one of busiest streets in the city at 80 to 110km/hr, driving through red light and finally colliding with a tree. Three passengers were injured. He was 24 years old with no prior record. Sentencing judge ordered 90 days jail.
R v Roasting,
1999 ABCA 52 (CanLII), per curiam
AB CA 2 years imprisonment
R v Martin,
1996 CanLII 5269 (NS CA), per Clarke CJ
NS CA Suspended Sentence
R v Feucht,
1992 CanLII 8192 (SK CA), per Sherstobitoff JA
SK CA 6 months

Causing Death

Case Name Prv. Crt. Sentence Summary
R v Copan,
2019 NSSC 111 (CanLII), per Murray J
NS SC 2 years imprisonment
R v Fracassi,
2017 ONSC 28 (CanLII), per Boswell J
ON SC 6 years imprisonment (death)
3 years imprisonment (harm)
The offender was driving while impaired and hit two pedestrians, killing one and injuring the other.
R v Montoya,
2016 ABQB 660 (CanLII), per Wittmann CJ
AB SC 4.5 years imprisonment The offender pleaded guilty to impaired driving causing death where three vehicles collided, killing two people and injuring a third person.
R v Gibson,
2015 ABCA 41 (CanLII), per curiam
AB CA 4 years imprisonment offender pleaded guilty to impaired driving caulking bodily harm and death. He drove a large pick up truck down the highway and attempted to pass a vehicle by driving into oncoming traffic. He hit several vehicles including on vehicle head on killing a 17-year-old. His blood alcohol readings were 170 and 181. The offender was 22 years old with no prior record. He had post secondary education. The judges overturned a joint recommendation.
R v Lacasse,
2015 SCC 64 (CanLII), per Wagner J
SCC SCC 6.5 years imprisonment The offender pleaded guilty to impaired causing death in relation to two passengers in a collision. He was 20 years old and had no record, except for 3 speeding tickets. The Court called the sentence "severe".
R v Currie,
2015 NSSC 15 (CanLII), per Murray J
NS SC 2 years imprisonment "the accused who was 22 at the time of the offence and 25 at the time of the sentencing, pled guilty to one count of impaired driving causing death. A... the deceased victim had been thrown from the vehicle. The accused had no prior record, was remorseful and was steadily employed with a young family. The Court accepted the joint recommendation of two years and a 2 year driving prohibition. "
R v Walker,
2014 ONCA 919 (CanLII), per curiam
ON CA 3 years imprisonment The offender pleaded guilty to impaired driving causing death. He was driving when he lost control of his vehicle and struck a mailbox and Hydro pole, killing his best friend who was sitting in the passenger seat without a seat belt. The Court of Appeal overturned 10 year driving probation and substituted a 5 year driving probation.
R v Riley,
2014 ONSC 3264 (CanLII), per Goodman J
ON SC 4 years imprisonment charged with impaired causing bodily harm and death; criminal negligence causing bodily harm and death. Offender drove stolen car at high rate of speed, lost control and crashed into house killing one person, injuring another.
R v Flight,
2014 ABCA 380 (CanLII), per Slatter JA
AB CA 4 years imprisonment The offender was 43 years old and had two dated convictions for impaired driving.
R v Igor Kresko,
2013 ONSC 1631 (CanLII), per Himel J
ON SC 6 years imprisonment refusal after causing death
R v Courtney,
2013 SKPC 11 (CanLII), per Maniak J
SK PC 2 years less a day
R v Purtill,
2013 ONCA 692 (CanLII), per curiam
ON CA 6 years imprisonment The offender was convicted of criminal negligence causing death and impaired driving causing death. The collision resulted in the death of a 5 month old child and broke the back of the mother. He had a prior conviction for impaired driving.
R v Knight,
2012 MBPC 52 (CanLII), per L Allen J
MB PC 5.5 years imprisonment
R v Luskin,
2012 ONSC 1764 (CanLII), per Trotter J
ON SC 3.5 years imprisonment hit mini-van with 5 people, killing 3
R v Anderson,
2012 NBQB 32 (CanLII), per Morrison J
NB SC 3 years imprisonment BAC 203 and 270, flipped car, killed husband passenger
R v P(O),
2012 ONCJ 1 (CanLII), per De Filippis J
ON PC conviction for 271 and 151; based only on prior statement
R v MacDougall, 2011 NSPC 12 (CanLII), per Ross J NS PC The offender was 18 years old with no prior record.
R v Stimson,
2011 ABCA 59 (CanLII), per curiam
AB CA 2 years less a day incarceration The offender pleaded guilty. He rolled his vehicle, killing his passenger. He was 19 years old and of aboriginal background.
R v Olsen,
2011 ABCA 308 (CanLII), per Martin JA
AB CA 3.5 years imprisonment The offender pleaded guilty to two counts of impaired causing death. He drove through a red light, hitting another car and killing two people. He had a BAC reading of .226 and was speeding at 85km/h in a 65km/h zone. He was 22 years old and had no criminal record, but had a record for traffic offences.
R v Kummer,
2011 ONCA 39 (CanLII), per MacPherson JA
ON CA 8 years imprisonment
R v Semenko,
2011 MBPC 80 (CanLII), per Elliot J
MB PC police brutality no stay of proceedings
R v Ramage,
2010 ONCA 488 (CanLII), per Doherty JA
ON CA 4 years imprisonment The offender was convicted of impaired driving causing bodily harm and death, and driving over 80. He collided with another driver, killing his passenger and injuring the other driver. He had a BAC of .212 and .282.
R v Ruizfuentes,
2010 MBCA 90 (CanLII), per Chartier JA
MB CA 4.5 years imprisonment causing death; BAC 120+, drove through multiple red lights
R v Junkert,
2010 ONCA 549 (CanLII), per O'Connor ACJ
ON CA 5 years imprisonment high speed of driving, hit jogger, no prior record, BAC 130
R v GB,
[2010] QCQB 8243 (*no CanLII links)
QC 6 years BAC 320, prior record for impaired
R v Junkert,
2010 ONCA 549 (CanLII), per O'Connor ACJ
ON CA 5 years imprisonment also convicted of dangerous driving causing death--while impaired killed--no prior record--ranges up to 5 years (@ 39 to 49)
R v Coupal,
2010 ABQB 229 (CanLII), per Hughes J
AB SC 4 years imprisonment The offender pleaded guilty to impaied driving causing death. He drove across the median line and killed one pedestrian and injured two others.
R v Tschetter,
2009 ABPC 291 (CanLII), per Fraser J
AB PC 5.5 years imprisonment The offender was driving a cement truck while impaired, weaving through traffic, and then went through a red light at 130km/h in a 80km/h zone. He hit another vehicle killing 5 people.
R v Howe,
2007 NBCA 84 (CanLII), per Ricard JA
NB CA 3 years imprisonment BAC 140, hit and killed biker
R v Rhyason,
2007 ABCA 119 (CanLII), per curiam
AB CA 3 years imprisonment
R v Hall,
2007 ONCA 8 (CanLII), per LaForme JA
ON CA 4 years and 10 months impaired at time--prior related record--10 year driving prohibition
R v Cooper,
2007 NSSC 115 (CanLII), per S MacDonald J
NS SC 7 years imprisonment two counts of impaired causing death. The offender crossed centre-line and hit oncoming vehicle killing two persons. He had one prior conviction. He was also sentenced to lifetime driving prohibition and DNA order.
R v Wood,
2005 CanLII 13779 (ONCA), per curiam
ON CA 9 years imprisonment
R v Mascarenhas,
2002 CanLII 41625 (ONCA), per Abella JA
ON CA 9 years imprisonment
R v Nickerson,
[1991] NSJ No. 48, 1991 CanLII 2499 (NS CA), per Hart JA
NS CA 5 years imprisonment impaired driving causing death--no prior record--also convicted of impaired driving causing bodiy harm (2 years)
R v MacEachern
1990 CanLII 2413 (NS CA), per MacDonald JA
NS CA 5 years imprisonment prior impaired and B&E conviction -- found guilty of criminal negligence causing death hitting a pedestrian at a crosswalk

See Also