Dangerous Operation of a Conveyance (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 90373)

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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 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 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 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 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	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 Find summaries of case.
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 Find summaries of case.
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 Find summaries of case.
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 Find summaries of case.
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 Find summaries of case.

See Also

• Impaired Driving, Over 80 and Refusal (Offence)