Impaired or Dangerous Operation, Over 80 and Refusal Causing Bodily Harm or Death (Sentencing Cases)
| This page was last substantively updated or reviewed May 2024. (Rev. # 93313) |
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Offence Wording
320.14
[omitted (1)]
- Operation causing bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) [impaired operation] and who, while operating the conveyance, causes bodily harm to another person.
- Operation causing death
(3) Everyone commits an offence who commits an offence under subsection (1) [impaired operation] and who, while operating the conveyance, causes the death of another person.
[omitted (4), (5), (6) and (7)]
2018, c. 21, s. 15.
[annotation(s) added]
- Dangerous operation
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
- Operation causing bodily harm
(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
- Operation causing death
(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
2018, c. 21, s. 15
- Punishment
320.19
[omitted (1), (2), (3) and (4)]
- Punishment — dangerous operation and other offences
(5) Everyone who commits an offence under subsection 320.13(1) [dangerous operation] or 320.16(1) [failure to stop after accident], section 320.17 [flight from peace officer] or subsection 320.18(1) [operation while prohibited] is liable
- (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
- (b) on summary conviction, to imprisonment for a term of not more than two years less a day.
2018, c. 21, s. 15.
- Punishment in case of bodily harm
320.2 Everyone who commits an offence under subsection 320.13(2) [dangerous operation causing bodily harm], 320.14(2) [impaired operation causing bodily harm], 320.15(2) [refusal where collision results in bodily harm] or 320.16(2) [fail to stop at accident resulting in bodily harm] is liable on conviction on indictment or on summary conviction
- (a) to the following minimum punishment, namely,
- (i) for a first offence, a fine of $1,000,
- (ii) for a second offence, imprisonment for a term of 30 days, and
- (iii) for each subsequent offence, imprisonment for a term of 120 days;
- (b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years; and
- (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
2018, c. 21, s. 15.
[annotation(s) added]
- Punishment in case of death
320.21 Everyone who commits an offence under subsection 320.13(3) [dangerous operation causing death], 320.14(3) [impaired operation causing death], 320.15(3) [refusal where collision results in death] or 320.16(3) [fail to stop at accident resulting in death] is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,
- (a) for a first offence, a fine of $1,000;
- (b) for a second offence, imprisonment for a term of 30 days; and
- (c) for each subsequent offence, imprisonment for a term of 120 days.
2018, c. 21, s. 15.
[annotation(s) added]
Causing Bodily Harm
| Case Name | Prv. | Crt. | Sentence | Summary | |
|---|---|---|---|---|---|
| R v Skardiute, 2023 ONCJ 10 (CanLII), per Schwarzl J | ON  |
PC | Find summaries of case. | ||
| R v Gomes, 2022 ONCA 247 (CanLII) | ON |
CA | 3 years imprisonment | Find summaries of case. | |
| R v Yogeswaran, 2021 ONSC 5920 (CanLII), per Stribopoulos J | ON |
SC | Find summaries of case. | ||
| R v Leis, 2021 ONCJ 86 (CanLII), per Orsini J | ON |
PC | Find summaries of case. | ||
| R v Lord, 2021 ONSC 6256 (CanLII), per Davies J | ON |
SC | 10 months imprisonment | Find summaries of case. | |
| R v Wadien, 2020 ONCJ 120 (CanLII) | ON |
PC | 2 years imprisonment | Find summaries of case. | |
| R v Markos, 2019 ONCA 80 (CanLII), per curiam | ON |
CA | Find summaries of case. | ||
| R v Bulland, 2019 ONSC 4220 (CanLII) | ON |
CA | 2 years imprisonment |
Find summaries of case. | |
| R v Currie, 2018 ONCA 218 (CanLII), per curiam | ON |
CA | Find summaries of case. | ||
| R v Czajka, 2018 ONCJ 350 (CanLII), per Ghosh J | ON |
PC | 14 months imprisonment 18 months probation 3 year driving prohib. |
"Offender veered into oncoming traffic causing a head-on collision. He had a blood alcohol concentration that was almost twice the legal limit. The victim, a 79-year-old man, suffered extensive injuries and is confined to a wheelchair and now suffers from depression and anxiety. Guilty plea. No criminal record. Sincere remorse. Completed counselling for alcohol abuse and no reason to believe that he will re-offend. Several letters attest to his good character. Pursuing a variety of prescribed therapeutic interventions as a result of his own injuries from the collision that would be impacted by a lengthy custodial sentence." [1] Find summaries of case. | |
| R v Stennett, 2018 ONCJ 466 (CanLII), per Kenkel J | ON |
PC | Find summaries of case. | ||
| R v Stewart, 2018 ONCJ 678 (CanLII), per Doody J | ON |
PC | 2.5 years | Find summaries of case. | |
| R v Fairchild, 2017 ONCJ 658 (CanLII), per Nadel J | ON |
PC | 18 months imprisonment | "Pleaded guilty; Head on collision; driving on wrong side of road at 124 – 136 km/h in 60 zone; BAC 74-118 mg/100 ml together with lorazepam; One victim suffered two broken legs, rod in left femur and plate in right femur; crushed right knee; left knee permanently damaged; fractured right ankle; blunt force trauma to skull; 8 months in hospital; major permanent limitations on mobility; cannot drive; in wheelchair; PTSD and major depressive disorder; Other victim suffered bruised ribs, dislocated left thumb; whiplash neck and lower spine; bruised hip; lost 50% use of left thumb; No record; 3 driving offences; history of sexual abuse and psychiatric disorders; remorseful; attempted suicide after offence and engaged in counselling and volunteer work"
| |
| R v Markos, 2017 ONSC 1497 (CanLII), per Morgan J | ON |
SC | 12 months imprisonment | "Found guilty after trial; Offender drove motorcycle too fast, passing cars by whipping around them to the left and then to the right in between two lanes of vehicles; collided with car turning in front of him, falling off motorcycle, which continued on, striking victim walking on Yonge Street sidewalk; 67 year old victim suffered spinal fractures, facial and cranial damages, broken vertebrae, ribs, and other bones; lengthy hospitalization and in need of constant medical attention; Offender has supportive family network, genuinely sorry but denies being at fault or doing anything wrong; no alcohol involved; only minor HTA driving offences in past." [2]
| |
| R v Gill, 2017 ONSC 723 (CanLII), per Quigley J | ON |
SC | 4 years and three months jail 5 year driving prohib. |
"Offender rear-ended a motorcycle causing extensive injuries to its two passengers. Refused to provide a breath sample. Extreme level of impairment. Swerving in and out of traffic. Prior criminal record – not driving related."[3] Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Mitchell, 2016 ONCJ 731 (CanLII), per Felix J | ON |
PC | Find summaries of case. | ||
| R v Muzzo, 2016 ONSC 2068 (CanLII), per Fuerst J | ON |
SC | Find summaries of case. | ||
| R v West, 2016 ONCJ 368 (CanLII), per Kenkel J | ON |
PC | 8 months imprisonment probation |
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| R v Irons, 2016 ONSC 1490 (CanLII), per Spies J | ON |
SC | 12 months (dangerous) 6 months (failure) 5 year Driv. Prohib. |
"Made two extreme, unsafe lane changes while travelling faster than the posted speed limit. Rear ended a motorcycle carrying two persons. One victim hospitalized for five months and suffered a traumatic brain injury; the other victim suffered scars to most of her body....Youthful offender. No alcohol consumed. Dangerous driving was for a brief time. Offender turned himself into police. Remorseful." [4] Find summaries of case. | |
| R v Clouthier, 2016 ONCA 197 (CanLII), per Watt JA | ON |
CA | "Offender rear-ended three vehicles in 15 minutes. BAC between 100-150 mg alcohol/100 ml blood. ... Guilty plea. Expressed sincere remorse. 21-year-old first offender. Was suffering from depression at time of collision and abused alcohol and drugs. Very favourable pre-sentence report. Participated in drug and alcohol program. Undertaken psychotherapy. Performs volunteer work. Remains employed. " [5] Find summaries of case. | ||
| R v George, 2016 NSCA 88 (CanLII), per Bryson JA | NS  |
CA | 4 months imprisonment | 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. Find summaries of case. | |
| 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. Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Rayner, 2014 ONCJ 246 (CanLII), per Harris J | ON |
PC | 60 days imprisonment | Find summaries of case. | |
| R v Bourgault, 2014 QCCA 273 (CanLII), per Savard JA | QC  |
CA | Find summaries of case. | ||
| R v Drozdowski, 2014 ONCJ 264 (CanLII), per Brown J | ON |
PC | 90 days | three victims injured. Find summaries of case. | |
| R v LaForme, 2014 ONCA 367 (CanLII), per curiam | ON |
CA | "Pleaded guilty; Drove at high rate of speed, swerved in and out of his lane on snow covered roads, lost control of his truck and rolled it; cut off by bartender and warned not to drive after drinking 8 to 10 beers; passenger rendered quadriplegic; BAC more than double legal limit; victim confined to wheelchair and needs help to do all activities, lives in nursing home surrounded by others much older than him; Defendant 72 years old, with significant health issues; Indigenous; began to drink at age 12 and battled alcohol issues most of his life but reported to have stopped drinking after offence; made significant contributions to his community; five prior dated driving convictions including dangerous driving, over 80, failure to provide breath sample, impaired driving." Find summaries of case. | ||
| R v Black, 2014 ONSC 3120 (CanLII), per Mulligan J | ON |
SC | 3 years imprisonment | "Offender collided with oncoming vehicle. Blood alcohol 190 mg/100 ml. Impaired operating conviction two years earlier. Numerous license suspensions. Presence of beer bottles in the vehicle. Did not render aid or call ambulance. Victim suffered a brain injury and various fractures. Three years after the collision, the Victim is completely disabled and unable to return to work....Guilty plea to impaired operation simpliciter. Cooperative with police. Remorseful. Struggled with alcohol over the years. Supportive family." Find summaries of case. | |
| R v Leblanc, 2013 QCCS 753 (CanLII), per J | QC |
SC | Find summaries of case. | ||
| R v Pétrin, 2013 QCCQ 15463 (CanLII), per J | QC |
PC | Find summaries of case. | ||
| R v Clements, 2013 MBPC 69 (CanLII), per Krahn J | MB |
PC | 12 months imprisonment | 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. Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Spencer, 2013 SKQB 183 (CanLII), per Gunn J | SK  |
SC | 10 months imprisonment | Find summaries of case. | |
| R v Daly, 2013 SKPC 40 (CanLII), per Kalmakoff J | SK |
PC | 6 months imprisonment | Find summaries of case. | |
| R v Alm, 2013 SKCA 40 (CanLII), per Ottenbreit JA | SK |
CA | Find summaries of case. | ||
| 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. Find summaries of case. | |
| R v MacPherson, 2013 ABCA 62 (CanLII), per Slatter JA | AB |
CA | 12 months imprisonment | Find summaries of case. | |
| R v Carver, 2013 ABPC 189 (CanLII), per Rosborough J | AB |
PC | Find summaries of case. | ||
| R v Rawn, 2012 ONCA 487 (CanLII), per Epstein J | ON |
CA | Find summaries of case. | ||
| R v Armstrong, 2012 SKQB 428 (CanLII), per Scheibel J | SK |
SC | 3 months imprisonment | Bodily harm Find summaries of case. | |
| R v Burback, 2012 ABCA 30 (CanLII), per Conrad JA | AB |
CA | Find summaries of case. | ||
| R v Voerman, 2012 BCPC 125 (CanLII), per Gouge J | BC |
PC | 6 months | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Henderson, 2012 MBCA 9 (CanLII), per Hamilton JA | MB |
CA | Suspended Sentence | driving causing bodily harm, vicitm in hospital Find summaries of case. | |
| R v Lebel, 2011 QCCQ 14968 (CanLII), per Daoust J | QC |
PC | Find summaries of case. | ||
| R v O’Keefe, 2011 CanLII 77298 (NLPC), per Orr J | NL | PC | 30 months imprisonment | impaired driving causing bodily harm on 2 individuals Find summaries of case. | |
| R v Startup, 2011 ABPC 389 (CanLII), per Semenuk J | AB |
PC | Find summaries of case. | ||
| R v Thompson, 2011 ONSC 624 (CanLII), per Quigley J | ON |
SC | 2.5 years | "Guilty plea after end of Crown’s case and blood samples admitted; Veered into oncoming lane and struck victim’s car in oblique head on collision; BAC 155 to 196 mg/100 ml; breaches of recognizance were for driving with alcohol in his system; on recognizance for driving over 80 at time of offence; held restricted licence which prohibited him driving with any alcohol in his system; Victim suffered severe breaks in both legs and permanently damaged; can walk only with corrective shoes; lost his pre-accident job; Offender took some steps to deal with alcohol issues but not clear whether yet resolved; very remorseful; extensive community support; gainfully employed and supporting family." Find summaries of case. | |
| R v Meller, 2011 BCPC 318 (CanLII), per Baird Ellan J | BC |
PC | 4 years imprisonment | serious injuries' serious and long record Find summaries of case. | |
| R v Gamble, 2011 ONCJ 513 (CanLII), per Harris J | ON |
PC | 6 months | Find summaries of case. | |
| R v Lamouche, 2011 ABCA 301 (CanLII), per Watson JA | AB |
CA | 8 months? | Find summaries of case. | |
| R v Littlecrow, 2011 SKQB 393 (CanLII), per Gabrielson J | SK |
SC | 2 years less a day | Find summaries of case. | |
| R v Hekmati, 2011 ONSC 4642 (CanLII), per Garton J | ON |
SC | 5 years | "Found guilty after trial; Speed over 100 km/h in 60 zone, swerving several times in passing lane prior to collision – driving “tended toward a deliberate endangerment of the public”; BAC 150 to 225; Victim suffered severe neurological trauma or brain damage; in vegetative state for 5 months; in rehabilitation hospital 2 years; regained ability to speak with slurred speech and move with wheelchair; catastrophic brain injury with very limited cognitive ability and greatly diminished intellectual capacity; requires 24 hour supervision; Offender had 3 prior over 80 convictions and driver’s licence condition prohibiting him from driving with any alcohol in his body. No remorse; no indication that offender took responsibility for his conduct or dealt with his alcohol abuse issues after the offence" Find summaries of case. | |
| R v Crookedneck, 2011 SKCA 89 (CanLII), per Gerwing JA | SK |
CA | Find summaries of case. | ||
| 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 Find summaries of case. | |
| R v Currell, 2010 ONCA 826 (CanLII), per curiam | ON |
CA | 12 months imprisonment | Find summaries of case. | |
| R v Grozell, 2010 ONSC 307 (CanLII), per Lauwers J | ON |
SC | 13 months imprisonment | 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. Find summaries of case. | |
| R v Audy, 2010 MBPC 55 (CanLII), per Slough J | MB |
PC | $1,000 | Find summaries of case. | |
| R v Montuori, 2009 QCCA 1360 (CanLII), per J | QC |
CA | Find summaries of case. | ||
| R v Jardine, 2009 NBQB 219 (CanLII), per McLellan J | NB  |
SC | 12 months imprisonment | 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. Find summaries of case. | |
| R v Kannokko, 2009 ABPC 199 (CanLII), per Barley J | AB |
PC | 8 months imprisonment | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Smith, 2009 SKCA 38 (CanLII), per Lane JA | SK |
CA | Find summaries of case. | ||
| R v Roininen, 2009 ABPC 299 (CanLII), per Redman J | AB |
PC | 9 months CSO | Find summaries of case. | |
| R v Gilliland, 2008 BCCA 118 (CanLII), per J | BC |
CA | Find summaries of case. | ||
| R v Bear, 2008 SKCA 172 (CanLII), per Smith JA | SK |
CA | Find summaries of case. | ||
| R v Veitch, 2008 ABPC 4 (CanLII), per Malin J | AB |
PC | Find summaries of case. | ||
| R v Puyenbroek, 2007 ONCA 824 (CanLII), per Feldman JA | ON |
CA | Find summaries of case. | ||
| R v Van Puyenbroek, 2007 ONCA 824 (CanLII) | ON |
CA | 3 years imprisonment (after credit) 5 year driving prohib. |
Find summaries of case. | |
| R v Berry, 2007 ABPC 93 (CanLII), per Semenuk J | AB |
PC | Find summaries of case. | ||
| R v Cappo, 2005 SKCA 134 (CanLII), per Sherstobitoff JA | SK |
CA | |||
| R v Robbie, 2005 SKPC 72 (CanLII), per Lavoie J | Robbie J | Find summaries of case.
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| R v Goudreault, 2004 CanLII 34503 (ON CA), per Labrosse JA | ON |
CA | 60 days | Offender rear-ended victim's car at an intersection. Find summaries of case. | |
| R v Rowan, 2004 CanLII 22935 (ON CA, per curiam | ON |
CA | 60 days | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Sasseville, 2004 CanLII 7102 (QC CQ), per Provost J | QC |
PC | "an accused of 39 years old killed a man of 18 years old and caused bodily injuries to two other persons. Intoxicated, his alcohol level was 170 and 150 mg, he drove his vehicle despite opposition from two persons. Even though there was a low risk of re-offending and the accused had no previous convictions, no specific difficulty with alcohol and showed remorse, he was sentenced to forty-two months of jail with a five-year prohibition to drive." (Quoting from R v Pépabano, 2005 CanLII 48584 (QC CQ)), at para 35 Find summaries of case. | ||
| R v Galloway, 2004 SKQB 130 (CanLII), per GA Smith J affirmed 2004 SKCA 106 (CanLII), per curiam | SK |
CA | Find summaries of case. | ||
| R v Decap, 2003 SKQB 450 (CanLII), per Barclay J | SK |
SC | Find summaries of case. | ||
| R v Wahobin, 2002 SKPC 53 (CanLII), per Meekma J | SK |
PC | Find summaries of case. | ||
| R v Regnier, 2002 SKCA 82 (CanLII), per Lane JA | SK |
CA | Find summaries of case. | ||
| R v Andres, 2002 SKCA 98 (CanLII), per Vancise JA | SK |
CA | Find summaries of case. | ||
| R v Vijay, 2002 ABQB 825 (CanLII), per Sullivan J | AB |
SC | Find summaries of case. | ||
| R v Bouchard, , [2002] OJ No 5357 (*no CanLII links) | NS |
16 months imprisonment plus probation + 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.
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| R v McKenzie, 2000 MBCA 57 (CanLII), per Monnin JA | MB |
CA | 20 months CSO | "the Manitoba Court of Appeal imposed a 20 month Conditional Sentence followed by two years’ probation and a two year driving prohibition to an individual who struck and killed a 14 year old boy, who was walking on the road. McKenzie failed to remain at the scene, and when arrested showed signs of impairment. He later provided breathalyzer readings of 180 milligrams of alcohol in 100 millilitres of blood. The Crown urged the importance of the principles of deterrence and denunciation." (Quoting from R v Jackson, 2007 ABPC 198 (CanLII)), at para 21 Find summaries of case. | |
| R v Godfree, 2000 CanLII 16864 (ON CA), per Feldman JA | ON |
CA | Find summaries of case. | ||
| 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 | Find summaries of case. | |
| R v Hamel, 1999 CanLII 12226 (SK CA, per Jackson JA | SK |
CA | 6 months imprisonment | 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. Find summaries of case. | |
| R v Roasting, 1999 ABCA 52 (CanLII), per curiam | AB |
CA | 2 years imprisonment | Find summaries of case. | |
| R v Martin, 1996 CanLII 5269 (NS CA, per Clarke CJ | NS |
CA | Suspended Sentence | Find summaries of case. | |
| R v Feucht, 1992 CanLII 8192 (SK CA, per Sherstobitoff JA | SK |
CA | 6 months imprisonment | Find summaries of case. | |
Causing Death
St-| R v Laurent, 2008 QCCA 781 (CanLII), per J || QC || CA || 36 months || Find summaries of case.
| Case Name | Prv. | Crt. | Sentence | Summary | |
|---|---|---|---|---|---|
| R v Gladue, 2023 ABKB 130 (CanLII), per Mah J | AB |
SC | Find summaries of case. | ||
| R v Boutrous, 2023 ONCJ 266 (CanLII), per Dellandrea J | ON |
PC | Find summaries of case. | ||
| R v Manhertz, 2023 QCCQ 2907 (CanLII), per Simon J | QC |
PC | Find summaries of case. | ||
| R v Benjumea, 2022 ABQB 44 (CanLII), per Michalyshyn J | AB |
SC | Find summaries of case. | ||
| R v Andre, 2022 YKTC 9 (CanLII), per Chisholm J | YK | Template:TC | Find summaries of case. | ||
| R v Saunders, 2021 ONSC 6149 (CanLII), per Beaudoin J | ON |
SC | Find summaries of case. | ||
| R v Theriault, 2021 NWTSC 17 (CanLII), per Smallwood J | NWT | SC | "Theriault is a case of a five and a half year sentence for one count of dangerous driving causing death and four of dangerous driving causing bodily harm. The circumstances of the offence included impairment and excessive speed. Smallwood J considered the 2019 Bill C-46 amendments that increased the maximum penalty for the offence to life imprisonment. The circumstances of the offender included a related criminal record and an active driving prohibition, but also a guilty plea and Gladue factors. With regard to the latter, Smallwood J concluded that for Mr. Theriault, 45 at the time of sentencing, Gladue factors played a part in his criminal history and played a part in him coming before the courts. The Crown sought a sentence of six years for the dangerous driving causing death offence."(Quoting from R v Benjumea, 2022 ABQB 44 (CanLII)), at para 82
| ||
| R v Lewis, 2021 ONCA 597 (CanLII), per curiam | ON |
CA | 8.5 years imprisonment | Find summaries of case. | |
| R v Simms, 2021 ONCJ 374 (CanLII), per McLeod J | ON |
PC | "Simms is a case of impaired driving causing death and impaired driving causing harm. After pleading guilty Mr. Simms was sentenced to nine and a half years in circumstances where he drove three times the posted limit, was at .190 milligrams/percent of alcohol, and had a related record for three prior impaired driving convictions." Find summaries of case. | ||
| R v Geoffroy, 2020 QCCS 4249 (CanLII), per J | QC |
SC | 18 months | Find summaries of case. | |
| R v Sidhu, 2019 SKPC 19 (CanLII), per Cardinal J | SK |
PC | "Sidhu is the ‘Humboldt Broncos’ case in which Mr. Sidhu, after pleading guilty to dangerous driving resulting in 16 deaths and 13 injured persons, was sentenced to eight years incarceration. Mr. Sidhu was a first offender with no aggravating antecedents and aside from the tragic failure to obey a stop sign, no other aggravating driving pattern. The sentencing judge noted that cases with higher moral blameworthiness yet fewer victims, tended to attracted sentences in the range of six years’ incarceration." (Quoting from R v Benjumea, 2022 ABQB 44 (CanLII)), at para 80
| ||
| R v Copan, 2019 NSSC 111 (CanLII), per Murray J | NS |
SC | 2 years imprisonment | Find summaries of case. | |
| R v McNeil, 2019 ABQB 453 (CanLII), per Inglis J | AB |
SC | Find summaries of case. | ||
| R v Laniel, 2019 QCCQ 8290 (CanLII), per J | QC |
PC | 12 months, plus 2 years probation | Find summaries of case. | |
| R v Singh, 2018 ONSC 4598 (CanLII), per Kurke J | ON |
SC | 3 years | appeal dismissed 2019 ONCA 872 Find summaries of case. | |
| R v Bagri, 2017 BCCA 117 (CanLII), per Willcock JA | BC |
CA | 3 years imprisonment | It "involved an appeal from a sentence following a conviction on four counts of dangerous driving causing death. Mr. Bagri was a 45‑year‑old professional truck driver who conducted an inadequate brake check prior to a long downhill section of the roadway. Although the ensuing accident was caused by the excessive activation of his engine-retarding “Jake brakes” rather than by any brake failure per se, his conduct, including the perfunctory brake check and exceeding the posted speed limit during sections of the downhill drive, was regarded as evidence of overall intentional risk-taking carrying a high moral culpability resulting in the four deaths. His sentence of three years’ incarceration was upheld on the appeal."(Quoting from R v Edmiston, 2023 YKTC 24 (CanLII)), at para 122 Find summaries of case. | |
| R v Dunford, 2017 SKCA 1 (CanLII), per J | SK |
CA | 2 years less a day | Find summaries of case. | |
| R v Delellis, 2017 BCSC 2253 (CanLII), per Greyell J | BC |
SC | 30 months imprisonment (death) |
| |
| R v Hecimovic, 2017 BCSC 1433 (CanLII), per J | BC |
SC | 90 days intermittent | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Gamble, 2017 ONCA 610 (CanLII), per J | ON |
CA | 12 years imprisonment | Find summaries of case. | |
| R v Bhangal, 2016 ONCA 857 (CanLII), per curiam | ON |
CA | "the offender, a professional truck driver, struck an oncoming minivan head-on, killing its driver. Mr. Bhangal had fallen asleep at the wheel. He was sentenced to five years’ incarceration and a 15‑year driving prohibition. Having been found guilty of both dangerous driving and criminal negligence causing death, the Court stayed the dangerous driving conviction and sentenced on the criminal negligence offence. Mr. Bhangal was therefore sentenced for an offence more serious than the index case. A clear aggravating factor found by the Court was the offender having deliberately doctored his logs to avoid his rest obligations for the purposes of placing his economic interests ahead of public safety."(Quoting from R v Edmiston, 2023 YKTC 24 (CanLII)), at para 120
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| R v Higginbotham, 2016 SKQB 118 (CanLII), per Acton J | SK |
SC | 18 months imprisonment + probation | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Muzzo, 2016 ONSC 2068 (CanLII), per Fuerst J | ON |
SC | Find summaries of case. | ||
| R v Brais, 2016 QCCA 356 (CanLII), per J | QC |
CA | 4 years | Find summaries of case. | |
| R v McLennan, 2016 ONCA 732 (CanLII), per MacFarland JA | ON |
CA | 9 months | Find summaries of case. | |
| R v Djema, 2016 QCCQ 17090 (CanLII), per J | QC |
PC | "the Court of Quebec imposed a 20-month sentence of imprisonment on a charge of dangerous driving causing death and a 1-month consecutive sentence on a charge of breach of conditions. The offender pleaded guilty to both charges.
[130] On the day of the offence, the offender was driving way above the speed limit on a street of Montreal (some 120 km/h in a 50 km/h zone) with three passengers in his car. To pass the vehicle ahead of him, the offender crossed the median line into the oncoming lane. A police cruiser facing the offender’s car had to brake abruptly to avoid a collision. The police cruiser attempted a U-turn to chase the offender but lost sight of him. The offender’s car then failed to stop at a traffic light and crashed into a cab. The impact caused the cab to skid over a distance and hit a signpost. The offender’s car continued its trajectory until it struck another vehicle. Surprisingly, the decision does not mention who passed away as a result of the offender’s dangerous driving. Four months later, the offender was intercepted at the wheel of his car despite a court-imposed bail condition prohibiting him from driving. He was given a ticket for driving in a manner dangerous to the public and was arrested for breach of conditions. [131] The offender was young and had no prior convictions. He had a driving record which included two offences for failure to stop at a stop sign. The PSR was positive and the risk of reoffending low. He fully acknowledged his responsibility and expressed sincere remorse. The Court considered the offender’s driving record and the regulatory offence committed four months after the tragic incident to be aggravating. The sentencing judge also took into account the extent of the offender’s recklessness on the day of the events and the fact that one of the passengers asked him to slow down prior to the collision. [132] The Court found that a 30-month sentence was appropriate on the charge of dangerous driving causing death but deducted a credit of 10 months for pre-sentence custody." | ||
| R v Maan, 2016 BCPC 428 (CanLII), per Sutherland J | BC |
PC | 60 days | Find summaries of case. | |
| R v O’Leary, 2015 ONSC 6347 (CanLII), per Conlan J | ON |
SC | "Conlan, J. imposed a sentence of 18 months for one count of dangerous driving causing death while street racing and 18 months concurrent for one count of dangerous diving causing bodily harm while street racing. The 20-year-old first time offender, with impeccable character references and good prospects, participated in a street race on a relatively busy thoroughfare. His speed was 30-40 kilometres per hour above the posted limit in an 80 kilometres per hour zone. There was a very positive pre-sentence report." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 26
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| R v Laine, 2015 ONCA 519 (CanLII), per MacFarland JA | ON |
CA | Find summaries of case. | ||
| 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. Find summaries of case. | |
| 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". Find summaries of case. | |
| 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. " Find summaries of case. | |
| R v Hettinger, 2015 ABPC 172 (CanLII), per J | AB |
PC | 18 months | Find summaries of case. | |
| R v Shoyoye, 2015 MBQB 72 (CanLII), per Martin J | MB |
SC | 90 days | Find summaries of case. | |
| R v Truchon, 2015 QCCQ 348 (CanLII), per J | QC |
PC | 12 months | "the Quebec Court of Appeal upheld a 12-month sentence for dangerous driving causing death and an 8-month concurrent sentence for dangerous driving causing bodily harm (with a 4-year driving prohibition). The offender was found guilty of both offences pursuant to a trial.
[126] The offender drove at a speed of 100 km/h in a 50 km/h urban zone. He noticed that the vehicle ahead of his car was about to shift to the right. Instead of slowing down, the offender maintained his speed and bypassed the vehicle in front of him. In doing so, he crossed the median line into the oncoming lane. His car collided at high speed with the vehicle of the victim who at the time, was making an illegal U-turn. The victim died the next day as a result of the crash. The evidence demonstrated that she was impaired by alcohol at the time of the collision. Her friend, who was on the front passenger seat, lost consciousness and sustained a severe concussion. [127] The offender was 22 years old at the time of the offences. He had no criminal or driving record. He expressed remorse and shame for his conduct. The risk of reoffending was assessed as low. The offender was gainfully employed. The sentencing judge considered these factors and concluded that a penitentiary term – as sought by Crown counsel – was not warranted. The judge placed emphasis on the offender’s rehabilitation and favourable profile to justify the 12-month and 8-month sentences." appeal dismissed at 2016 QCCA 1397 | |
| R v Dufour, 2015 QCCQ 6010 (CanLII), per J | QC |
PC | 90 days | Find summaries of case. | |
| R v O'Connor, 2014 ABPC 264 (CanLII), per Groves J | AB |
PC | 38 months | Find summaries of case. | |
| R v Silbande, 2014 QCCA 1952 (CanLII), per Biche JA | QC |
CA | Find summaries of case. | ||
| R v Nottebrock, 2014 ABQB 662 (CanLII), per Wittmann CJ | AB |
SC | Find summaries of case. | ||
| R v Pratt, 2014 ABQB 529 (CanLII), per Belzil J | AB |
SC | Find summaries of case. | ||
| 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. Find summaries of case. | |
| 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. Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Bilodeau, 2013 QCCA 980 (CanLII), per J | QC |
CA | "the trial judge, dealing with an 18-year-old offender, imposed a global sentence of 36 months for two counts of dangerous driving causing death while street racing. The sentence duration was not part of the appeal. The two kilometre race, at speeds reaching 137 kilometres per hour, ended with a crash that killed two passengers in the offender’s vehicle. The offender had a prior record for speeding violations." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 31
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| R v Roy, 2013 QCCA 53 (CanLII), per J | QC |
CA | Find summaries of case. | ||
| R v Perry, 2013 QCCA 212 (CanLII), per J | QC |
CA | 90 days | Find summaries of case. | |
| R v Igor Kresko, 2013 ONSC 1631 (CanLII), per Himel J | ON |
SC | 6 years imprisonment | refusal after causing death Find summaries of case. | |
| R v Courtney, 2013 SKPC 11 (CanLII), per Maniak J | SK |
PC | 2 years less a day | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Carleton, 2012 MBPC 54 (CanLII), per MJ Smith J | MB |
PC | 30 days imprisonment | kills young pedestrian Find summaries of case. | |
| R v Morgan Taylor, 2012 CanLII 42053 (NL PC), per Mennie J | NL  |
PC | 36 months imprisonment | Find summaries of case. | |
| R v Wallace, 2012 MBCA 54 (CanLII), per MacInnes JA | MB |
CA | 2 years less a day CSO | Find summaries of case. | |
| R v Smith, 2012 ONSC 3089 (CanLII), per Kelly J | ON |
SC | life | police chased one death and multiple injuries Find summaries of case. | |
| R v Hodder, 2012 CanLII 24230 (NL PC), per Gorman J | NL |
PC | 30 months imprisonment | also convicted of causing bodily harm (18 months)--3 and 5 year driving prohibition Find summaries of case. | |
| R v Christink, 2012 ONCA 141 (CanLII), per curiam | ON |
CA | 2 years less a day imprisonment | dangerous driving causing death to two persons; CSO rejected as unfit Find summaries of case. | |
| R v Roy, 2012 QCCS 2377 (CanLII), per Pronovost J | QC |
SC | 90 days intermittent | Find summaries of case. | |
| R v Beaulac, 2012 QCCQ 7373 (CanLII), per J | QC |
PC | 18 months | Find summaries of case. | |
| R v Légaré, 2012 QCCQ 15534 (CanLII), per J | QC |
PC | Find summaries of case. | ||
| R v Bilodeau, 2012 QCCQ 14494 (CanLII), per Gibeault J | QC |
PC | Find summaries of case. | ||
| R v Butterfield, 2012 SKPC 11 (CanLII), per Kalmakoff J | SK |
PC | 9 months imprisonment | dangerous operation of a plane causing death; no alcohol involved Find summaries of case. | |
| R v Binning, 2012 BCPC 200 (CanLII), per Harris J | BC |
PC | 4 years | Find summaries of case. | |
| R v Gauthier, 2012 QCCQ 5734 (CanLII), per Lafreniere J | QC |
PC | "the Court of Quebec imposed a sentence of 90 days to be served on an intermittent basis to a young first-time offender. She had just turned 18 at the time of the offence. She pleaded guilty to dangerous driving causing death. The facts surrounding the offence can be summarized as follows. The offender, along with five friends, decided to go “car surfing”. The victim was riding on top of the moving vehicle driven by the offender. The vehicle was not speeding. The offender braked the car at a stop sign. The victim slid off the top of the car and hit her head on the pavement. She died four days later. She was 17 years old.
[119] The offender was left traumatized by the events. She attempted suicide a year later. She was nevertheless able to maintain her employment. The Court found that the circumstances relating to the offence were less serious than in cases involving deliberate acts, such as excessive speeding or erratic driving. The offender’s conduct, although still criminal in nature, came closer to an accident. No alcohol or drugs were involved. The victim and her friends voluntarily participated in the “car surfing” activity. The Court considered the following mitigating factors in crafting the sentence: the guilty plea, the age of the offender, her psychological trauma, her compliance with strict bail conditions and her persistent feelings of remorse." | ||
| R v Knight, 2012 MBPC 52 (CanLII), per L Allen J | MB |
PC | 5.5 years imprisonment | Find summaries of case. | |
| R v Luskin, 2012 ONSC 1764 (CanLII), per Trotter J | ON |
SC | 3.5 years imprisonment | hit mini-van with 5 people, killing 3 Find summaries of case. | |
| R v Anderson, 2012 NBQB 32 (CanLII), per Morrison J | NB |
SC | 3 years imprisonment | BAC 203 and 270, flipped car, killed husband passenger Find summaries of case. | |
| R v P(O), 2012 ONCJ 1 (CanLII), per De Filippis J | ON |
PC | conviction for 271 and 151; based only on prior statement Find summaries of case. | ||
| R v Biring, 2011 BCSC 734 (CanLII), per Joyce J | BC |
SC | 2 years less a day CSO | Find summaries of case. | |
| R v Regier, 2011 ONCA 557 (CanLII), [2011] OJ No 3749, per curiam |
ON |
CA | 6 years imprisonment | two young people were killed Find summaries of case. | |
| R v Marona, (2011) 3 MVR (6th) 6 (ABQB)(*no CanLII links) | AB |
SC | 2 years imprisonment | offender convicted of dangerous driving causing bodily harm and death--hit another vehicle head-on, killing other driver, injuring passenger--7 years driving prohibition
| |
| R v Chikie, 2011 ABQB 420 (CanLII), [2011] AJ No 843 (QB), per Burrows J |
AB |
SC | 10 months imprisonment | offender was speeding on a motorcycle, lost control and passenger was killed--5 year driving prohibition Find summaries of case. | |
| R v Charles, 2011 BCCA 68 (CanLII), [2011] BCJ No 526 (CA), per Saunders JA |
BC |
CA | 3 years imprisonment | offender was impaired by alcohol, drove into a pole while turning a corner killing two passengers Find summaries of case. | |
| R v Matheson, 2011 BCSC 308 (CanLII), per McEwan J | BC |
SC | Find summaries of case. | ||
| R v Field, 2011 ABCA 48 (CanLII), per J | AB |
CA | Find summaries of case. | ||
| R v MacDougall, 2011 NSPC 12 (CanLII), per Ross J | NS |
PC | The offender was 18 years old with no prior record. Find summaries of case. | ||
| R v Stimson, 2011 ABCA 59 (CanLII), per curiam | AB |
CA | 2 years less a day imprisonment | The offender pleaded guilty. He rolled his vehicle, killing his passenger. He was 19 years old and of aboriginal background. Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Kummer, 2011 ONCA 39 (CanLII), per MacPherson JA | ON |
CA | 8 years imprisonment | Find summaries of case. | |
| R v Semenko, 2011 MBPC 80 (CanLII), per Elliot J | MB |
PC | police brutality | no stay of proceedings Find summaries of case. | |
| R v Paré, 2011 QCCA 2047 (CanLII), per J | QC |
CA | "the Quebec Court of Appeal varied concurrent sentences of 5 and 3 years of imprisonment on charges of impaired driving causing death and dangerous driving causing death. The sentences were respectively reduced to 3 years and 30 months.
[113] The factual background of the case can be summarized as follows. The appellant, 36 years old at the time and working as a landscaper, went to two bars to celebrate a contract he had just landed. First, he asked an acquaintance to drive him home because he was inebriated. After she left, however, he decided to drive himself home in his pickup truck. The appellant’s driving was erratic and dangerous. He switched lanes many times at high speed (120 km/h in a 70 km/h zone). He then crashed violently into the rear of the victim’s car – a small Ford Focus – which was stopped at a red light. The pickup truck demolished the back of the victim’s car, its front bumper pushing all the way into her seat. The impact was so forceful that it propelled the Ford Focus to the other side of the intersection. [114] The police officers at the scene observed that the appellant's breath smelled strongly of alcohol, that he had trouble speaking, that his mouth was pasty, and that his gait was unsteady. The breathalyzer test revealed 160 milligrams of alcohol per 100 millilitres of blood, twice the legal limit. The victim, a 22-year-old woman, was taken to hospital, unconscious. She sustained severe head trauma that caused her brain to swell. She died 17 days later. [115] The appellant pleaded guilty to both charges (impaired and dangerous driving causing death). He accepted full responsibility for the victim’s death. He had no criminal record, and his driving record indicated no demerit points. The PSR was positive. The risk of reoffending was low. The appellant stopped drinking alcohol after the events. He read a letter addressed to the victim’s parents and expressed genuine remorse. [116] The Court found that the sentencing judge assigned undue weight to the aggravating circumstances and erred in finding that they were predominant. While the sentencing judge acknowledged the existence of mitigating factors, he focused exclusively on the gravity of the offence. He tailored sentences that sought solely to fulfill the objectives of denunciation and general deterrence. [117] The Court emphasized that denunciation and general deterrence can be achieved without the imposition of increasingly harsh prison sentences. It noted that a penitentiary sentence is dissuasive and sufficient in itself to denounce the crime and deter an ordinary person from committing it.[47] The Court held that the 5 and 3-years concurrent sentences substantially departed from sentences customarily handed down for similar crimes committed by offenders with essentially the same characteristics as the appellant." | ||
| R v Junkert, 2010 ONCA 549 (CanLII), [2010] OJ No 3387 (CA), per O'Connor ACJ |
ON |
CA | 5 years imprisonment | offender was impaired while driving and hit a pedestrian Find summaries of case. | |
| R v JL, 2010 QCCQ 9768 (CanLII), per Lapointe J | QC |
PC | Find summaries of case. | ||
| R v Bédard, 2010 QCCQ 2854 (CanLII), per J | QC |
PC | Find summaries of case. | ||
| R v Dupuis, 2010 QCCA 1121 (CanLII), per J | QC |
CA | "the offender was found guilty after trial of dangerous driving causing death. He was sentenced to 90 days of imprisonment to be served intermittently, along with a 2-year driving prohibition.
[134] On the day of the events, the offender was driving his road truck slightly beyond the speed limit (62 km/h in a 50 km/h zone). He failed to stop at a yellow light about to turn red and struck the victim’s vehicle. The impact caused the victim’s vehicle to hit another truck parked on the street. The victim died instantaneously. [135] The offender was 24 years old. He had no criminal record. He was gainfully employed. Witnesses at the sentencing hearing described him as a model employee and dedicated father. Few months before the events, the offender experienced a traumatic situation. A man committed suicide by throwing himself under his truck. The offender had to take a leave of absence due to a post-traumatic stress disorder. He only returned to work shortly before the events. Experts concluded that the offender’s judgment on the day of the events was still affected by his earlier traumatic experience. The offender stopped working as a truck driver after the incident. He attended therapy sessions to help him cope with his psychological distress. He showed extreme remorse. He wrote a poignant excuse letter to the relatives of the victim. The judicial process had a deterrent effect on him. [136] The Court recognized the importance of denunciation and deterrence in sentencing for dangerous driving causing death. Relying on the case of Silbande, the judge stated that the applicable range of sentences is usually between 12 months to 3 years of incarceration. The judge pointed out that courts have also imposed lenient sentences outside the applicable range, including intermittent jail sentences. [137] The offence was very serious. However, the Court cautioned against imposing disproportionate sentences on the sole basis of denunciation and deterrence. The sentencing judge found that the mitigating factors far outweighed the aggravating factors. According to him, the offender had an exemplary profile and the risk of reoffending was low, in particular with respect to driving offences. There was convincing evidence of rehabilitation. The judge believed that society would not benefit in any way from a long term of incarceration. [138] Regarding the circumstances of the offence, the sentencing judge noted that the offender did not drive erratically or at excessive speed for an extended period of time. This was not a case of “road rage” or “car racing”. No alcohol or drugs were involved. Such aggravating factors were not present in the case. " | ||
| R v Fortin, 2010 QCCA 1278 (CanLII), per J | QC |
CA | 2 years | Find summaries of case. | |
| 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. Find summaries of case. | |
| 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 Find summaries of case. | |
| 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 Find summaries of case. | |
| 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) Find summaries of case. | |
| R v Coupal, 2010 ABQB 229 (CanLII), per Hughes J | AB |
SC | 4 years imprisonment | The offender pleaded guilty to impaired driving causing death. He drove across the median line and killed one pedestrian and injured two others. Find summaries of case. | |
| R v Sadler, 2009 BCCA 386 (CanLII), per J | BC |
CA | Find summaries of case. | ||
| R v Goulet, 2009 ONCA 786 (CanLII), per J | ON |
CA | Find summaries of case. | ||
| R v Smith, 2009 SKCA 38 (CanLII), per J | SK |
CA | Find summaries of case. | ||
| 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. Find summaries of case. | |
| R v Comeau, 2009 QCCA 1175 (CanLII), per Dufresne JA | QC |
CA | 79 months | Find summaries of case. | |
| R v Ferland, 2009 QCCA 1168 (CanLII), per J | QC |
CA | "the Quebec Court of Appeal upheld a 42-month concurrent sentence of incarceration to the appellant who pleaded guilty to dangerous driving causing death and to dangerous driving causing bodily harm. The appellant drove in pouring rain at an excessive speed of 160 km/h on a two-way highway. While attempting to pass a tractor trailer, his car skidded on the wet surface of the road (hydroplaning) and crashed into a car on the oncoming lane. The crash caused the death of a 56-years old woman and serious injuries to her a 4-year-old grandson.
[109] The appellant sustained multiple fractures and was left unable to work. He was 32 years old at the time. He had one prior conviction of impaired driving (when he was 21 years old). He showed sincere remorse. The PSR was positive. The risk of reoffending was assessed as low. [110] In its analysis, the Court referred to its earlier decision in Houle v. R.[42] In this case, it was held that sentences of 4 years or more for driving offences causing bodily harm or death are at the higher end of the spectrum (“une catégorie singularisée”).[43] Such sentences are usually – but not always – reserved to persons who have a prior record for driving-related offences. The Court in Ferland went on to review four other appellate decisions... [111] In upholding the 42-month sentence, the Court considered the markedly reckless behaviour of the appellant (a mature middle-aged man), his prior driving-related conviction, the tragic consequences of the collision and its lasting effects on the surviving child and his family members. " | ||
| R v Scott, 2008 BCCA 307 (CanLII), per Newbury JA | BC |
CA | Find summaries of case. | ||
| R v Brake, 2008 NLTD 175 (CanLII), [2008] NJ No 320 (S.C.), per Goodridge J |
NL |
SC | 14 months imprisonment | accused drove through a stop sign and collided with another vehicle, killing one occupants and seriously injuring the other. Three year driving prohibition imposed. Find summaries of case. | |
| R v Veillette, 2008 QCCQ 4021 (CanLII), per J | QC |
PC | Find summaries of case. | ||
| R v Ryazanov, 2008 ONCA 667 (CanLII), per J | ON |
CA | Find summaries of case. | ||
| R v Bowman, 2008 BCCA 410 (CanLII), per J | BC |
CA | Find summaries of case. | ||
| R v Carr, 2008 ABQB 228 (CanLII), per Foster J | AB |
SC | Find summaries of case. | ||
| R v Yellowknee, 2008 ABPC 168 (CanLII), per Walter J | AB |
PC | Find summaries of case. | ||
| R v Berg, 2007 BCCA 343 (CanLII), per Prowse JA | BC |
CA | 5.5 years imprisonment | street racing, causing death Find summaries of case. | |
| R v Costa, 2007 ONCA 219 (CanLII), per J | ON |
CA | Find summaries of case. | ||
| R v Howe, 2007 NBCA 84 (CanLII), per Ricard JA | NB |
CA | 3 years imprisonment | BAC 140, hit and killed biker Find summaries of case. | |
| R v Jackson, 2007 ABPC 198 (CanLII), per Bascom J | AB |
PC | Find summaries of case. | ||
| R v Rhyason, 2007 ABCA 119 (CanLII), per curiam | AB |
CA | 3 years imprisonment | Find summaries of case. | |
| 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 Find summaries of case. | |
| R v Garneau, 2007 QCCQ 12210 (CanLII), per J | QC |
PC | 3 years | Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Woloshyn, 2006 BCCA 343 (CanLII), per Smith JA (2:1) | BC |
CA | 4 years imprisonment | prior record, alcohol in work, causing death Find summaries of case. | |
| R v Rousseau, 2006 QCCQ 3607 (CanLII), per J | QC |
PC | Find summaries of case. | ||
| R v Synard, 2006 NLTD 101 (CanLII), 257 Nfld. & PEIR 341 (NLSC), per Handrigan J |
NL |
SC | 18 months imprisonment | Offender lost control of car, one passenger injured, suffering broken bones, the other was killed. 5 year driving prohibition Find summaries of case. | |
| R v McCormick, 2006 ABCA 410 (CanLII), per curiam (2:1) | AB |
CA | "the majority of the Court of Appeal upheld a six month sentence followed by two years’ probation for an accused who pled guilty to impaired driving causing death. Ms. McCormick drove her car in a rain storm, without her glasses and with a blood alcohol level of 160 milligrams in 100 millilitres of blood. She hit and killed a man who had pulled his vehicle over to the side of the road to change a flat tyre." (Quoting from R v Jackson, 2007 ABPC 198 (CanLII)), at para 16 Find summaries of case. | ||
| R v Jourdin, 2005 BCCA 522 (CanLII), per Newbury JA | BC |
CA | Find summaries of case. | ||
| R v Wood, 2005 CanLII 13779 (ON CA), per curiam | ON |
CA | 9 years imprisonment | Find summaries of case. | |
| R v Coombs, 2004 NLSCTD 85 (CanLII), [2004] NJ No 162 (SC), per Russell J |
NL |
SC | 12 months imprisonment | offender driving an ATV and hit two pedestrians Find summaries of case. | |
| R v Bhalru, 2003 BCCA 645 (CanLII), per Finch CJ | BC |
CA | 2 years less a day CSO | causing death Find summaries of case. | |
| R v Gratton, 2003 ABQB 882 (CanLII), per Watson J | AB |
SC | "Gratton is a case of an offender convicted after trial and sentenced to seven years incarceration for five counts of dangerous driving causing death plus one year consecutive for leaving the scene of the collision. Again, as I have noted earlier in these reasons, the sentencing judge found Mr. Gratton to be impaired by alcohol. There were few other aggravating factors: there was no related criminal or other record, and the dangerousness of the driving pattern was, relative to that of Mr. Benjumea, quite minimal. Undoubtedly the absence of a mitigating guilty plea and the proven impairment, together with multiple deaths, contributed to the 7-year sentence." (Quoting from R v Benjumea, 2022 ABQB 44 (CanLII)), at para 80
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| R v Ford, [2003] OJ No 3363 (ONCA)(*no CanLII links) | ON |
CA | 3 years imprisonment | convicted of dangerous driving causing bodily harm and death--offender drove through red light hitting another car, killing one and injuring another
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| R v Williams, 2003 ABQB 285 (CanLII), per Greckol J | AB |
SC | "Williams pled guilty to charges of dangerous driving causing death, and leaving the scene of an accident. Williams had been at a party where he ingested drugs over the week-end and had little sleep. He was driving a city truck with a trailer attached. Williams made an illegal turn and struck a woman riding a motor cycle. Williams continued without stopping and was eventually stopped by a witness to the accident. The Court of Appeal in a decision reported at (2003) A.J. No. 864 upheld the Conditional Sentence as imposed by Madame Justice Grechol." (Quoting from R v Jackson, 2007 ABPC 198 (CanLII)), at para 19
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| R v Gravel, 2003 CanLII 28990 (QC CQ), per J | QC |
PC | "the accused killed a cyclist . He had a prior conviction for refusal to take the breathalyser test and his alcohol level was high. The accused had been known for drinking for quite a while. He was 45 years old. On that night, he was advised on many occasions not to take his vehicle, but he still did. He showed remorse, had stopped drinking following therapy and wanted to teach others about the effects of alcohol. He was sentenced to five years of penitentiary." (Quoting from R v Pépabano, 2005 CanLII 48584 (QC CQ)), at para 37 Find summaries of case. | ||
| R v Sand, 2002 ABCA 263 (CanLII), per J | AB |
CA | 2 years less a day CSO | "the Alberta Court of Appeal upheld a Conditional Sentence of two years less one day for an accused who pled guilty to two counts of dangerous driving causing death and one count of dangerous driving causing bodily harm. The respondent passed numerous vehicles on a highway during foggy conditions. Sand was not speeding or impaired, but had prior convictions for impaired driving and for speeding offences in the past six to seven years. In paragraph 12 the Court of Appeal noted that the sentencing Judge concluded that the range of sentence was between 15 and 30 months." (Quoting from R v Jackson, 2007 ABPC 198 (CanLII)), at para 18
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| R v Mascarenhas, 2002 CanLII 41625 (ON CA), per Abella JA | ON |
CA | 9 years imprisonment | Find summaries of case. | |
| R v Fox, 2001 ABCA 64 (CanLII), per J | AB |
CA | 2 years imprisonment | Find summaries of case. | |
| R v Proulx, 2000 SCC 5 (CanLII), [2000] 1 SCR 61 |
Fed | SCC | "the Supreme Court restored an 18-month concurrent sentence of incarceration to the offender, an 18-year-old first-time offender, who pleaded guilty to dangerous driving causing death and to dangerous driving causing bodily harm. The offender, who had only seven weeks of experience as a licensed driver, decided to drive his friends home even tough he knew that his vehicle was not mechanically sound. For a period of 10 to 20 minutes, the offender drove erratically, weaving in and out of traffic, tailgating and trying to pass other vehicles without signalling. While attempting to pass another vehicle, he drove his car into oncoming traffic, side-swiped a first car and crashed into a second. The driver of the second car was seriously injured while a passenger in the offender’s car was killed. The offender was in a near-death coma for some time but ultimately recovered from his injuries. By the time of sentencing, he was employed and expecting a first child with his girlfriend.
[107] While the offender had been sentenced to 18 months of incarceration, the Quebec Court of Appeal overturned the sentence and imposed an 18-month conditional sentence order. In restoring the 18-month sentence of incarceration, the Supreme Court took into consideration the seriousness of the offences and their consequences. Furthermore, the Court stated that heavy sentences for driving offences plausibly provide general deterrence. Lamer C.J. writing for the Court might have found – had he been the trial judge – that a conditional sentence would have been appropriate in this case given the young age of the offender, his lack of a prior record, the extent of his injuries and his complete rehabilitation." | ||
| R v Sidhu, 1998 CanLII 4383 (BC CA), per Prowse JA | BC |
CA | 18 months | "the court gives us an update on how these offences should be dealt with in this Province. The case is also a very helpful review of some of the cases in the area. In Sidhu the accused vehicle crossed the centre line and collided with the motor cycle of the victim. He left the victim on an almost deserted highway where there was a strong possibility that no one would come to his aid. The trial judge imposed a sentence of nine months imprisonment. The Court of Appeal upheld the sentence."
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| R v Newman, 1998 CanLII 4859 (BC CA), per McEachern CJ | BC |
CA | 2 years less a day CSO | "the accused was convicted of dangerous driving causing death and sentenced to two years less one day in jail, together with an eight year driving prohibition. The trial judge held that a period of incarceration was not necessary to deter the accused from committing further offences or for his rehabilitation. He concluded, however, that the factors of denunciation and general deterrence could not be met other than by a sentence of imprisonment. The accused drove his car at excessive speed through an intersection which he did not realized was marked with a stop sign, and he struck another vehicle, thereby killing the driver. He had a motor vehicle record which included six prior speeding violations. There was no suggestion that he had been drinking at the time of the offence, and his background was otherwise exemplary. The Court of Appeal allowed the appeal and substituted a conditional sentence for two years less one day."
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| R v Pawa, 1998 CanLII 4220 (BC CA), per Esson JA | BC |
CA | "the accused was on a heavily travelled street in Vancouver at 12:30 p.m when he struck and killed a pedestrian in a crosswalk while passing to the right of another vehicle which had stopped to allow the pedestrian to cross. The accused left the scene without stopping. His driving record included several speeding offences, and he was driving while prohibited at the time the accident occurred. At trial the accused was sentenced to four months conditional sentence of imprisonment for dangerous driving causing death and a $1,000.00 fine for “hit and run”. On appeal the court of Appeal allowed the sentence by increasing it to nine months for the dangerous driving charge and three months consecutive for the “hit and run”. The appeal court did not interfere with the trial judge’s decision that the sentence should be served in the community, but added more stringent conditions to the conditional sentence order, including a provision for “house arrest”."
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| R v Murphy, 1997 CanLII 14613 (NL CA), [1997] NJ No 143 (CA), per Gushue CJ |
NL |
CA | $3,000 fine | offender was driving on an unsafe road, passenger thrown from vehicle and died--18 month driving prohibition Find summaries of case. | |
| R v Thuma, 1997 CanLII 2507 (BC CA), , (1997) 27 MVR (3d) 157, per Braidwood J |
BC |
CA | 6 months imprisonment (DD causing BH and Death) | speeding and hit another car--overturn suspended sentence "the offender was convicted of the offences of dangerous driving causing bodily harm and death. Because of excessive speed, the offender lost control of his vehicle in attempting to manoeuvre a turn. The offender's vehicle struck another vehicle causing the death of a passenger in the offender's vehicle. The trial judge suspended sentence. On appeal, the British Columbia Court of Appeal varied the sentence to a period of six months imprisonment." Find summaries of case. | |
| R v Duncan, 1994 CanLII 3386 (PE SCAD), (1994) 3 MVR (3d) 133, per Carruthers CJ |
PEI | CA | 2 years less a day imprisonment | offender convicted of criminal negligence causing death--offender drove vehicle through stop sign and hit another vehicle, killing driver Find summaries of case. | |
| R v Mosher, (1994) 3 MVR (3d) 35(*no CanLII links) | PEI | SC | 12 months imprisonment | convicted of dangerous driving causing bodily harm and death--while speeding lost control of vehicle, hit another vehicle--also given 3 year driving prohibition
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| R v MacGillivray, 1993 NSCA 210 (CanLII), per J | NS |
CA | 90 days intermittent | appeal dismissed at 1995 CanLII 139 (SCC), [1995] 1 R.C.S. 890 Find summaries of case. | |
| R v Messervey, [1991] NJ No 380 (PC)(*no CanLII links) | NL |
PC | Suspended Sentence | offender was driving on a wet road at night, lost control of car on a turn--5 year driving prohibition
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| R v Nickerson, 1991 CanLII 2499 (NSCA), [1991] NSJ No 48, 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) Find summaries of case. | |
| R v MacEachern , 1990 CanLII 2413 (NSCA), 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 Find summaries of case. | |
| R v Butler, (1987) 5 MVR (2d) 8 (PEISC)(*no CanLII links) | PEI | SC | 3 years imprisonment | offender was passing several vehicles and hit one of them, killing three people
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See Also
- Impaired Driving, Over 80 and Refusal (Offence)
- Criminal Negligence (Sentencing Cases)
- Impaired Driving, Over 80 and Refusal (Sentencing Cases)
- See R v Goudreault, 2004 CanLII 34503 (ON CA), 190 CCC (3d) 19 for table of Ontario Cases
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