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SENTENCING - Causing death by criminal negligence - Motor vehicles

Wednesday, November 13, 2019 @ 7:36 AM  

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Appeal by Gauthier-Carriere from the 10-year driving prohibition imposed following his conviction, by jury, of impaired driving causing death and criminal negligence causing death. The appellant, then 21-years-old, consumed alcohol and marijuana before driving. His vehicle crossed the median and opposing lanes of traffic before hitting a concrete light standard. The light standard fell onto the car, killing the appellant’s passenger. The appellant was seriously injured. While on presentence release for three years and three months, the appellant drove contrary to a condition of his release. He was sentenced to 21 days’ concurrent for that breach. He did not appeal the five years’ concurrent imprisonment that was also imposed for the subject offences.

HELD: Appeal allowed in part. The sentencing judge erred by ordering that the driving prohibition was to commence on the date of sentencing rather than at the end of the period of imprisonment. The period of incarceration of five years was subtracted from the 10-year driving prohibition, leaving a five-year driving prohibition commencing upon the appellant’s release. The fact the appellant breached the driving prohibition that was a condition of his presentence release demonstrated a lack of respect for court orders and the law. No credit was given for the period of the presentencing driving prohibition following the breach. The effective period of the driving prohibition was to be three years following the appellant’s release from custody. Sentence: Five years’ imprisonment concurrent on each charge; 10-year driving prohibition -- Criminal Code, ss. 220, 255(3).

R. v. Gauthier-Carrière, [2019] O.J. No. 5024, Ontario Court of Appeal, K.N. Feldman, M.L. Benotto and D.M. Brown JJ.A., October 4, 2019. Digest No. TLD-November112019005