Dangerous Operation of a Conveyance (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2023. (Rev. # 90615)

Offence Wording

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

CCC (CanLII), (DOJ)


Note up: 320.13(1), (2) and (3)


Defined terms: "conveyance" (s. 320.11)

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.

CCC (CanLII), (DOJ)


Note up: 320.19(5)

Dangerous Operation

Case Name Prv. Crt. Sentence Summary
R v Poryadin, 2016 ABQB 320 (CanLII), per Yamauchi J AB   SC 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."
Find summaries of case.
Keywords: None
R v Probaharan, 2014 ONCJ 118 (CanLII), per Hall J ON   PC Suspended Sentence 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.
Find summaries of case.
Keywords: None
R v Cleary, 2014 NSSC 333 (CanLII), per Arnold J NS   SC 6, 24 & 12 months imprisonment (danger)
4, 5 & 6 months imprisonment (disqual x 3)
18, 24 months imprisonment (flight)
2 months imprisonment

Find summaries of case.
Keywords: None
R v Hanna, 2013 ABCA 134 (CanLII), per curiam (2:1) AB   CA " a sheriff saw the accused person speeding. The sheriff caught up with the accused person whereupon the accused person drove away and damaged sheriff's vehicle. The accused person was found guilty of one count of driving while disqualified, two breaches of recognizance, and one count of dangerous driving. The majority of the Alberta Court of Appeal allowed the sentence appeal and imposed a 3 and ½ year prison term for driving while disqualified and a consecutive sentence of 2 years for the dangerous driving offence. It also imposed a 7-year license suspension. The majority also found that it was a reviewable error for the trial judge to treat the manner of driving as an aggravating factor on the disqualified driving count. " (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 39
Find summaries of case.
Keywords: None
R v Grenke, 2012 ABQB 198 (CanLII), per Germain J AB   SC 4.5 years imprisonment (dangerous causing death)
"Grenke is a four and a half year sentence following trial for one count of dangerous driving causing death and one count of dangerous driving causing bodily harm. The case is distinguishable on several bases: it was decided before the Bill C-46 changes; it involved one death, not three; while not impaired, as noted elsewhere in these reasons the sentencing judge found alcohol consumption to be a significant aggravating factor; Mr. Grenke did not plead guilty; he was 36 at the time of sentencing; his driving pattern was less egregious than Mr. Benjumea’s in that he reached a less excessive speed and only in the space of one block; he had no criminal convictions or prohibition but did have a relevant, provincial driving record; the court was considerably influenced by positive presentence and forensic psychiatry reports speaking to Mr. Grenke’s positive attributes; no such reports were before me in Mr. Benjumea’s case. But for the positive reports, the sentencing judge would have considered a sentence of six or more years." (Quoting from R v Benjumea, 2022 ABQB 44 (CanLII)), at para 80
Find summaries of case.
Keywords: None
R v Hupper, 2012 ABCA 169 (CanLII), per curiam AB   CA "the accused person pleaded guilty to dangerous driving, possession of stolen vehicle and 2 counts of breaching recognizance. The accused person had related driving record and was on judicial interim release at the time of the offences. The Crown and the accused person's counsel submitted joint submission of global sentence of 17 months' incarceration, less pre-trial custody of 6 months, plus a 2-year driving prohibition. The accused person made no objections to joint submission at sentencing hearing. The trial judge accepted joint submission. The Alberta Court of Appeal dismissed the accused person's appeal. The court noted that the accused person had a related driving record and was a suspended driver at the time of the offences. As well, it noted that the only mitigating factor was his guilty plea." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 40
Find summaries of case.
Keywords: None
R v Sparkes, 2011 CanLII 72480 (NL PC), per Gorman J NL   PC 6 months imprisonment
Find summaries of case.
Keywords: None
R v Jacobs, 2011 CanLII 80634 (NL PC), per Gorman J NL   PC 6 months CSO dangerous driving; driving while prohibited; drove snowmobile into a car
Find summaries of case.
Keywords: None
R v Leinen, 2009 ABPC 43 (CanLII), per Van de Veen J AB   PC "the accused person pleaded guilty to and was convicted on 2 counts each of possession of motor vehicle obtained by crime and dangerous driving. He was 22 years old with a lengthy previous record of offences including youth offences and adult offences and including multiple convictions for fleeing police in motor vehicles, together with various breaches of court orders and obstruction convictions. In each case, the accused person drove dangerously to avoid police, and put the public, including the police in danger. The accused person was on judicial interim release in respect of impaired driving charges at time of offences charged, and second set of offences occurred while accused was on judicial interim release in respect of first set of offences. He had spent two months in pre-trial custody. The accused person's previous record, multiple sets of offences and breach of release conditions were all aggravating factors. His early guilty plea and young age were mitigating factors. Van de Veen PCJ sentenced the accused to a 22-month global term of imprisonment after two-for-one credit for time spent in pre-trial custody, which were a mix of consecutive and concurrent sentences." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 41
Find summaries of case.
Keywords: None
R v Tapper, 2009 NLTD 97 (CanLII), [2009] NJ No 166 (SC), per Faour J NL   SC 20 months imprisonment two counts of dangerous driving causing bodily harm--while impaired got into accident harming two others--on probation at time
Find summaries of case.
Keywords: None
R v Bennett, 2007 CanLII 11290 (NL PC), [2007] NJ No 132 (PC), per Gorman J NL   PC 6 months imprisonment offender drove into a gravel pit at high speed, hit embankment, injured passenger--3 year driving prohibition
Find summaries of case.
Keywords: None
R v Smith, 2007 CanLII 37342 (NL PC), [2007] NJ No 312 (P.C.), per Porter J NL   PC 6 months imprisonment speeding and impaired; passengers suffered broken bones, etc. 2 year driving prohibition.
Find summaries of case.
Keywords: None
R v While Man Left, 2007 ABPC 195 (CanLII), per Fradsham J AB   PC 1 months imprisonment (theft over)
18 months imprisonment (dangerous)
3 months imprisonment (disqual)
"the accused person pleaded guilty to theft of a motor vehicle, dangerous driving, driving while disqualified, and driving an uninsured motor vehicle. Fradsham PCJ said at para 29 that "[t]he primary sentencing objectives to be met in this case are deterrence and denunciation. The offence which most affects the public's safety is the offence of dangerous driving." He also noted that there were strong Gladue factors, and that the accused person was addicted to prescription drugs, which had been prescribed for his spinal arthritis. Fradsham PCJ sentenced the accused person to 12 months imprisonment for the theft over $5,000, 18 months for the dangerous driving, and 3 months for the driving while disqualified, which would be served consecutively." (Quoting from R v SmithLowe, 2018 ABQB 896 (CanLII)), at para 44
Find summaries of case.
Keywords: None
R v Melnick, 2005 ABPC 241 (CanLII), per Allen J AB   PC "the court found the accused person guilty of flight from or evading police, dangerous operation of motor vehicle, breaching recognizance by failing to keep peace and be of good behaviour, and driving while suspended. The accused person and his accomplice had led police on a chase in his truck. No one was harmed as a result of the chase. The accused person was 25 years old, and his most recent convictions were for firearm offences. His criminal history included convictions for possession of stolen property, theft under $5,000, attempted break and entry, theft over $5,000, and flight or evading police. He also had 2 dated violent offences for robbery and assault. Allen PCJ sentenced the accused person to 15 months' imprisonment for evading police, 4 months concurrent for the flight offence, one month concurrent for breach offence, and 3 months concurrent for driving while suspended, and 3-year prohibition from driving." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 43
Find summaries of case.
Keywords: None
R v Warren, 2003 CanLII 68641 (NLSCTD), 222 Nfld. & PEIR 270 (NLSC), per Schwartz J NL   SC $3,000 3 x dangerous driving causing bodily harm. While speeding, vehicle went into ditch. Three passengers injured. 15 month driving prohibition also imposed
Find summaries of case.
Keywords: None
R v Matchim, 2000 CanLII 28401 (NLSCTD), 197 Nfld. & PEIR 99 (NLSC), per Easton J NL   SC $3,000 guilty plea DD causing BH; two of three passengers ATV driven by the accused injured. No record. Joint recommendation.
Find summaries of case.
Keywords: None
R v Blackmore, 1996 CanLII 11661 (NLSCTD), 140 Nfld. & PEIR 56 (NLSC), per Easton J NL   SC $3000 driving 105km/hr in a 60 zone; lost control of vehicle and passenger "seriously injured."
Find summaries of case.
Keywords: None

Street Racing

Case Name Prv. Crt. Sentence Summary
R v Gould, 2013 ABCA 58 (CanLII), per McDonald JA AB   CA street racing (12 months)
Find summaries of case.
Keywords: None

See Also