Dangerous Operation of a Conveyance (Sentencing Cases)
| This page was last substantively updated or reviewed January 2018. (Rev. # 86993) |
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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". |
| 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. |
| R v Grenke, 2012 ABQB 198 (CanLII), per Germain J | AB | SC | 4.5 years imprisonment | also convicted of driving causing bodily harm |
| R v Sparkes, 2011 CanLII 72480 (NL PC), per Gorman J | NL | PC | 6 months imprisonment | |
| 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 |
| R v Tapper, 2009 NLTD 97 (CanLII), [2009] NJ No 166 (SC), per Faour J | NL | SC | 20 months imprisonment | |
| 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 |
| 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. |
| 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 |
| 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. |
| 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." |
Causing Bodily Harm
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Fairchild, 2017 ONCJ 658 | 18 months | "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" | {{{4}}} | {{{5}}} |
| 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] |
| R v Rayner, 2014 ONCJ 246 (CanLII), per Harris J | ON | PC | 60 days imprisonment |
Street Racing
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Gould, 2013 ABCA 58 (CanLII), per McDonald JA | AB | CA | street racing (12 months) |
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. |
| R v Higginbotham, 2016 SKQB 118 (CanLII), per Acton J | SK | SC | 18 months imprisonment + probation | |
| R v Carleton, 2012 MBPC 54 (CanLII), per MJ Smith J | MB | PC | 30 days imprisonment | kills young pedestrian |
| R v Morgan Taylor, 2012 CanLII 42053 (NL PC), per Mennie J | NL | PC | 36 months imprisonment | |
| R v Wallace, 2012 MBCA 54 (CanLII), per MacInnes JA | MB | CA | 2 years less a day CSO | |
| R v Smith, 2012 ONSC 3089 (CanLII), per Kelly J | ON | SC | life | police chased one death and multiple injuries |
| 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 |
| 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 |
| 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 |
| R v Biring, 2011 BCSC 734 (CanLII), per Joyce J | BC | SC | 2 years less a day CSO | |
| R v Regier, 2011 ONCA 557 (CanLII), [2011] OJ No 3749, per curiam |
ON | CA | 6 years imprisonment | two young people were killed |
| 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 |
| 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 |
| 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 |
| 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. |
| R v Berg, 2007 BCCA 343 (CanLII), per Prowse JA | BC | CA | 5.5 years imprisonment | street racing, causing death |
| R v Woloshyn, 2006 BCCA 343 (CanLII), per Smith JA (2:1) | BC | CA | 4 years imprisonment | prior record, alcohol in work, causing death |
| 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 |
| 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 |
| R v Bhalru, 2003 BCCA 645 (CanLII), per Finch CJ | BC | CA | 2 years less a day CSO | causing death |
| 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 |
| 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 |
| 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 |
| 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
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