Operation While Impaired by Alcohol or Drug (Sentencing Cases)
| This page was last substantively updated or reviewed January 2019. (Rev. # 90589) |
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Offence Wording
- Punishment
320.19 (1) Everyone who commits an offence under subsection 320.14(1) [impaired operation] or 320.15(1) [refusal to provide a sample] 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 10 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.
[omitted (2) and (3)]
- Minimum fine — subsection 320.15(1)
(4) Despite subparagraph (1)(a)(i) [punishment for impaired and refusal – indictable penalty], everyone who commits an offence under subsection 320.15(1) [refusal to provide a sample] is liable, for a first offence, to a fine of not less than $2,000.
[omitted (5)]
2018, c. 21, s. 15.
[annotation(s) added]
Generally
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Greavette, 2018 ONCJ 10 (CanLII), per Rose J | ON  |
PC | 30 days imprisonment | The offender was 26 and had no prior criminal record. Find summaries of case. |
| R v Gray, 2012 CanLII 298 (NLPC), per Gorman J | NL  |
PC | 9 months imprisonment | 5 yr driving proh; 4 prior impaireds, and related record; Find summaries of case. |
| R v Riggs, 2011 NLTD 26 (CanLII), per Handrigan J | NL |
SC | 4 months imprisonment | 5 yr driving prohibition; Find summaries of case. |
| R v Musseau, 2010 CanLII 2539 (NL P.C.), per Gorman J | NL |
PC | 10 months imprisonment | 3rd time impaired, car accident; readings 230; 5 yr driving proh. Find summaries of case. |
| R v Oxford, 2010 NLTD 102 (CanLII), per Seaborn J | NL |
SC | 95 days imprisonment | for two offences; no related record Find summaries of case. |
| R v Cullen, 2009 NLCA 16 (CanLII), [2009] NJ No 57 (CA), per Wells JA |
NL |
CA | 8 months imprisonment | "the accused pled guilty to two offences, contrary to section 253 of the Criminal Code. A period of eight months imprisonment and a fifteen year driving prohibition was imposed by the trial judge. The accused appealed seeking to have the prohibition reduced. The appeal was allowed, in part. The fifteen year driving prohibition was upheld, but the Court of Appeal varied the order to allow the accused to apply to operate a motor vehicle equipped with an alcohol ignition interlock device, after a period of five years. As regards the length of the prohibition order, the Court of Appeal indicated that if it had been “dealing with a single charge for an alcohol related driving offence, the 15 year prohibition would clearly be demonstrably unfit by that standard, particularly after a gap of some 20 years between convictions. However, as the trial judge observed, while awaiting trial in respect of the March 2006 charge, the appellant again became so intoxicated he could barely communicate and function properly but, nevertheless, drove an automobile. It is difficult to conclude that a 15 year prohibition is demonstrably unfit, taking into account that fact, all of the other factors mentioned by the trial judge, and the absence of any indication of effort directed toward correcting his drinking and driving habits.”" (Quoting from R v Musseau, 2010 CanLII 2539 (NL PC)), at para 51 Find summaries of case. |
| R v White, 2009 NLTD 196 (CanLII), per Faour J | NL |
SC | 16 months imprisonment | 14 prior offences; 8yr driving prohib Find summaries of case. |
| R v Slaney, 2009 CanLII 66023 (NLPC), [2009] NJ No 327 (P.C.), per Porter J |
NL |
PC | 5 months imprisonment | BAC 250; offender and son injured Find summaries of case. |
| R v Hirtle, 2009 ABCA 22 (CanLII), [2008] AJ No 1515, per Nation J |
AB  |
CA | 21 months imprisonment | offender was driving while driving while disqualified, pled to s. 253(b)--prior record with 9 alcohol-related driving offences and 3 for driving while disqualified. Find summaries of case. |
| R v Pittman, 2006 NLTD 106 (CanLII), [2006] NJ No 193 (S.C.), per O'Regan J |
NL |
SC | 90 days imprisonment | Find summaries of case. |
| R v Hewlin, 2006 NLTD 56 (CanLII), [2006] NJ No 85 (SC), per LeBlanc J |
NL |
SC | 6 months imprisonment | three priors; high degree of intoxication Find summaries of case. |
| R v Beecher, 2005 ABCA 416 (CanLII), per Costigan JA | AB |
CA | "the accused person was first convicted of driving with excessive alcohol and driving while disqualified. He was then convicted of dangerous driving and driving while disqualified, which he committed while on judicial interim release from his first conviction. The Alberta Court of Appeal upheld the sentencing judge's sentence of 18 months imprisonment and a 5-year driving prohibition on the second offences. The accused person had a significant criminal record, which included 39 convictions for driving offences, and numerous breaches. Costigan JA for the court noted that the appellant's driving conduct had "placed the safety of others at risk, and noted that it was not an error on the part of the sentencing judge to consider the appellant's significant record and repetition of similar offences, in breach of court imposed conditions, as aggravating factors." (Quoting from R v Smith-Lowe, 2018 ABQB 896 (CanLII)), at para 38 Find summaries of case. | |
| R v Power, 2004 NLCA 40 (CanLII), [2004] NJ No 229 (CA), per Roberts JA |
NL |
CA | 6 months imprisonment | 9 related prior offences Find summaries of case. |
| R v Hunt, 2001 CanLII 33789 (NLSCTD), per Leblanc J | NL |
SC | 23 months imprisonment | Find summaries of case. |
| R v Wells, , [1997] NJ No 153 (CA) (*no CanLII links) | NL |
CA | 2 years imprisonment | for 3 driving offences
|
| R v Squires, 1995 CanLII 9848 (NL CA), [1995] NJ No 157 (CA), per Gushue JA |
NL |
CA | 12 months imprisonment | Find summaries of case. |
| R v Connolly, 2002 CanLII 41923 (NLPC), [2002] NJ No 40 (PC), per Gorman J |
NL |
PC | 6 months imprisonment | long related record; almost hit a child Find summaries of case. |
| R v Cull, 2003 NLSCTD 127 (CanLII), [2003] NJ No 213 (SC), per Dymond J |
NL |
SC | 3 months imprisonment | Find summaries of case. |
Refusal
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Gregory Louis Young , 2012 CanLII 26155 (NLPC), per Mennie J | NL |
PC | 12 months imprisonment | Find summaries of case. |
| R v Williams, 2004 NLCA 15 (CanLII), (2004), 9 MVR (5th) 183 (NLCA), per Wells CJ |
NL |
CA | 12 months imprisonment | convicted of refusal, also sentenced for driving while disqualified (4 months)--6 prior alcohol related offence, 2 prior for driving while disqualified--10 year driving prohibition Find summaries of case. |
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