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Criminal Negligence (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed January 2020. (Rev. # 96877)

Offence Wording

Causing Bodily Harm

Case Name Prv. Crt. Sentence Summary
R v Dedeckere, 2017 ONCA 799 (CanLII), per curiam ON CA 1 year imprisonment The offender plead guilty to criminal negligence causing bodily harm. He attempted to kill himself by driving into a power poll and incidentally caused serious harm to a pedestrian. Mental health played a significant role in the offence. The Court of appeal overturned a 2 year sentence.
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Keywords: None

Causing Death

See also: Infanticide (Sentencing Cases)
Case Name Prv. Crt. Sentence Summary
2019
R v Calahoo, 2019 ABQB 30 (CanLII), per Ross J AB SC 2 years less a day imprisonment Shaking 2 month old baby resulting in child's death
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Keywords: None
2016
R v Cassady, 2016 ONSC 6063 (CanLII), per Heeney J ON SC "Heeney, J., imposed a sentence of 42 months for one count of criminal negligence in operation of a motor vehicle, causing death. The 22-year-old offender was travelling at more than 100 kilometres per hour over the posted speed limit when he struck the rear of the victim’s motorcycle. There were mitigating factors in play for Mr. Cassady, including a guilty plea, youthful age, expression of remorse, acceptance of responsibility, no record of prior driving infractions, and no risk of reoffending. There are no similar mitigating factors for Mr. Mercer." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 33
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Keywords: None
2015
R v Czornobaj, 2014 QCCS 6709 (CanLII), per J QC SC
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Keywords: None
2013
R v Parent, 2013 BCCA 429 (CanLII), per Groberman JA BC CA 5.5 years
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Keywords: None
R v Antunes, 2013 BCCA 127 (CanLII), per Kirkpatrick JA BC CA 5.5 years
11 year probib.

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Keywords: None
2011
R v Badhwar, 2011 ONCA 266 (CanLII), per J ON CA "the Ontario Court of Appeal upheld a 30 month sentence (less credit for time served) imposed at trial following conviction for criminal negligence causing death while street racing. Although the Court did not alter the sentence, Moldaver, J.A., writing for a unanimous panel, stated, “I think it was lenient”. The street race was of 40 kilometres duration, and on a busy highway." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 29
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Keywords: None
2009
R v Nusrat, 2009 ONCA 31 (CanLII), per Epstein JA ON CA
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Keywords: None
2006
R v Woloshyn, 2006 BCCA 228 (CanLII), per J BC CA
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Keywords: None
2005
R v Cappo, 2005 SKCA 134 (CanLII), per Sherstobitoff JA SK CA
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Keywords: None
R v BJS, 2005 BCPC 408 (CanLII), per Quantz J BC PC
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Keywords: None
2003
R v Bhalru and Khosa, 2003 BCCA 645 (CanLII), per Finch JA BC CA 2 years less a day
5 year prohib.

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Keywords: no MVA record — youthful — street race
R v Lam, 2003 CanLII 31332 (ON CA), per Labrosse JA ON CA "the Ontario Court of Appeal upheld a 24 month sentence for criminal negligence causing death. Labrosse, J.A., writing for a unanimous panel, found (at paragraph 14) that “while the sentence imposed could have been more substantial, the case law does not support a conclusion that the sentence imposed is demonstrably unfit.” This was not a street racing case but, rather, was a case of extremely reckless driving. The offender was going 170 kilometres per hour in a 70 kilometre per hour zone. Several mitigating factors were in play: short duration of high speed, no significant driving record, impeccable background and character. Mr. Mercer does not have the benefit of similar mitigating factors and, the circumstances of his conduct are more serious." (Quoting from R v Mercer, 2018 NLSC 219 (CanLII)), at para 27
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Keywords: None
2002
R v Olivier, 2002 CanLII 40808 (QC CA), per curiam QC CA 3 years
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Keywords: race — two deaths — 5-year-prohibition
1988
R v Konkolus, 1988 ABCA 127 (CanLII), per curiam AB CA
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Keywords: None
1975
R v Mellstrom, 1975 CanLII 1270 (AB CA), per Allen JA AB CA
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Keywords: None

Unreported

  • [1] 2 years, 4 months (NS)

See Also