Dangerous Operation of a Motor Vehicle (Sentencing Cases)

From Criminal Law Notebook
Jump to navigation Jump to search

Dangerous Operation

Case Name Sentence Summary
R v Poryadin,
2016 ABQB 320 (CanLII), per Yamauchi J
discharge The offender exhibited erratic driving such as skidding out and fish-tailing 2 or 3 times. He drove while using his cell phone, speeding and sudden lane changes. There was evidence that he had "some alcohol".
R v Probaharan,
2014 ONCJ 118 (CanLII), per Hall J
Suspended The offender plead guilty to dangerous operation. The offender was speeding when he lost control of the vehicle and hit a tree. The crash gave a passenger a leg fracture , ankle laceration and head lasceration. The offender was 26 years old.
R v Grenke
2012 ABQB 198 (CanLII), per Germain J
4.5 years also convicted of driving causing bodily harm
R v Sparkes
2011 CanLII 72480 (NL PC), per Gorman J
6 months
R v Jacobs
2011 CanLII 80634 (NL PC), per Gorman J
6 months CSO dangerous driving; driving while prohibited; drove snowmobile into a car
R v Tapper
[2009] NJ No 166 (SC), 2009 NLTD 97 (CanLII), per Faour J
20 months
R v Bennett
[2007] NJ No 132 (PC), 2007 CanLII 11290 (NL PC), per Gorman J
6 months offender drove into a gravel pit at high speed, hit embankment, injured passenger--3 year driving prohibition
R v Smith
[2007] N.J. No. 312 (P.C.), 2007 CanLII 37342 (NL PC), per Porter J
6 months speeding and impaired; passengers suffered broken bones, etc. 2 year driving prohibition.
R v Warren
2003 CanLII 68641 (NL SCTD),
(2003), 222 Nfld. & P.E.I.R. 270 (N.L.S.C.), per Schwartz J
$3,000 3 x dangerous driving causing bodily harm. While speeding, vehicle went into ditch. Three passengers injured. 15 month driving prohibition also imposed
R v Matchim
2000 CanLII 28401 (NL SCTD),
(2000), 197 Nfld. & P.E.I.R. 99 (N.L.S.C.), per Easton J
$3,000 guilty plea DD causing BH; two of three passengers ATV driven by the accused injured. No record. Joint recommendation.
R v Blackmore
(1996), 1996 CanLII 11661 (NL SCTD), 140 Nfld. & P.E.I.R. 56 (N.L.S.C.), per Easton J
$3000 driving 105km/hr in a 60 zone; lost control of vehicle and passenger "seriously injured."

Causing Bodily Harm

Case Name Sentence Summary
R v Markos,
2017 ONSC 1497 (CanLII), per Morgan J
12 months
R v Rayner,
2014 ONCJ 246 (CanLII), per Harris J
60 days

Street Racing

Case Name Sentence Summary
R v Gould,
2013 ABCA 58 (CanLII), per McDonald JA
street racing (12 months)

Causing Death

Case Name Sentence Summary
R v Bagri,
2017 BCCA 117 (CanLII), per Willcock JA
3 years The offender was convicted of dangerous driving causing death of a family of 4, including two children. His vehicle "jack-knifed" on a highway, striking a family car of touriss from California. He was a professional driver. Judge also ordered 5 year driving prohibition.
R v Higginbotham,
2016 SKQB 118 (CanLII), per Acton J
18 months + probation
R v Carleton
2012 MBPC 54 (CanLII), per MJ Smith J
30 days kills young pedestrian
R v Morgan Taylor
2012 CanLII 42053 (NL PC), per Mennie J
36 months
R v Wallace,
2012 MBCA 54 (CanLII), per MacInnes JA
2 years less a day CSO
R v Smith,
2012 ONSC 3089 (CanLII), per Kelly J
life police chased one death and multiple injuries
R v Hodder,
2012 CanLII 24230 (NLPC), per Gorman J
30 months also convicted of causing bodily harm (18 months)--3 and 5 year driving prohibition
R v Christink,
2012 ONCA 141 (CanLII), per curiam
2 years less a day dangerous driving causing death to two persons; CSO rejected as unfit
R v Butterfield,
2012 SKPC 11 (CanLII), per Kalmakoff J
9 months dangerous operation of a plane causing death; no alcohol involved
R v Biring,
2011 BCSC 734 (CanLII), per Joyce J
2 years less a day CSO
R v Regier,
2011 ONCA 557 (CanLII), [2011] OJ No 3749, per curiam
6 years two young people were killed
R v Marona
(2011) 3 MVR (6th) 6 (ABQB) (*no CanLII links)
2 years 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
10 months offender was speeding on a motorcycle, lost control and passenger was killed--5 year driving prohibition
R v Charles,
2011 BCCA 68 (CanLII), [2011] BCJ No 526 (CA), per Saunders JA
3 years offender was impaired by alcohol, drove into a pole while turning a corner killing two passengers
R v Junkert,
2010 ONCA 549 (CanLII), [2010] OJ No 3387 (CA), per O'Connor ACJ
5 years offender was impaired while driving and hit a pedestrian
R v Brake,
2008 NLTD 175 (CanLII), [2008] N.J. No. 320 (S.C.), per Goodridge J
14 months accused drove through a stop sign and collided with another vehicle, killing one occupants and seriously injuring the other.   Three year driving prohibition imposed.
R v Berg,
2007 BCCA 343 (CanLII), per Prowse JA
5.5 years street racing, causing death
R v Woloshyn,
2006 BCCA 343 (CanLII), per Smith JA (2:1)
4 years prior record, alcohol in work, causing death
R v Synard
(2006), 2006 NLTD 101 (CanLII), 257 Nfld. & P.E.I.R. 341 (N.L.S.C.), per Handrigan J
18 months Offender lost control of car, one passenger injured, suffering broken bones, the other was killed. 5 year driving prohibition
R v Coombs,
2004 NLSCTD 85 (CanLII), [2004] NJ No 162 (SC), per Russell J
12 months offender driving an ATV and hit two pedestrians
R v Bhalru,
2003 BCCA 645 (CanLII), per Finch CJ
2 years less a day CSO causing death
R v Ford,
[2003] OJ No 3363 (ONCA)(*no CanLII links)
3 years convicted of dangerous driving causing bodily harm and death--offender drove through red light hitting another car, killing one and injuring another
R v Murphy,
[1997] NJ No. 143 (CA), 1997 CanLII 14613 (NL CA), per Gushue CJ
$3,000 fine offender was driving on an unsafe road, passenger thrown from vehicle and died--18 month driving prohibition
R v Thuma,
1997 CanLII 2507 (BC CA), (1997) 27 MVR (3d) 157 (BCCA), per Braidwood J
6 months offender was convicted of dangerous driving causing bodily harm and death--speeding and hit another car--overturn suspended sentence
R v Duncan
(1994) 3 MVR (3d) 133 (PEICA), 1994 CanLII 3386 (PE SCAD), per Carruthers CJ
2 years less a day offender convicted of criminal negligence causing death--offender drove vehicle through stop sign and hit another vehicle, killing driver
R v Mosher
(1994) 3 MVR (3d) 35 (PEISC)(*no CanLII links)
12 months convicted of dangerous driving causing bodily harm and death--while speeding lost control of vehicle, hit another vehicle--also given 3 year driving prohibition
R v Messervey,
[1991] NJ No. 380 (PC) (*no CanLII links)
Suspended offender was driving on a wet road at night, lost control of car on a turn--5 year driving prohibition
R v Butler
(1987) 5 MVR (2d) 8 (PEISC) (*no CanLII links)
3 years offender was passing several vehicles and hit one of them, killing three people

See Also