Dangerous Operation of a Conveyance (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 90587)

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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)

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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)

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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.

– CCC (CanLII), (DOJ)

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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.

– CCC (CanLII), (DOJ)

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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.
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.
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.
R v Grenke, 2012 ABQB 198 (CanLII), per Germain J	AB	SC	4.5 years imprisonment	also convicted of driving causing bodily harm Find summaries of case.
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.
R v Sparkes, 2011 CanLII 72480 (NL PC), per Gorman J	NL	PC	6 months imprisonment	Find summaries of case.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.

Causing Bodily Harm

Case Name	Prv.	Crt.	Sentence	Summary
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" Find summaries of case.
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." [1] Find summaries of case.
R v Rayner, 2014 ONCJ 246 (CanLII), per Harris J	ON	PC	60 days imprisonment	Find summaries of case.

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.

Causing Death

Case Name	Prv.	Crt.	Sentence	Summary
R v Bagri, 2017 BCCA 117 (CanLII), per Willcock JA	BC	CA	3 years imprisonment	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. Find summaries of case.
R v Higginbotham, 2016 SKQB 118 (CanLII), per Acton J	SK	SC	18 months imprisonment + probation	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 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 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 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 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 Berg, 2007 BCCA 343 (CanLII), per Prowse JA	BC	CA	5.5 years imprisonment	street racing, causing death 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 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 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 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
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	offender was convicted of dangerous driving causing bodily harm and death--speeding and hit another car--overturn suspended sentence 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
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
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

See Also

• Impaired Driving, Over 80 and Refusal (Offence)