Accused’s own injuries and his knowledge that he took life of one individual and compromised lives of others was sufficient to find specific deterrence

Ontario criminal | Criminal Law | Sentencing by offence | Offences against the person and reputation

Accused was found guilty of one count of impaired driving causing death, two counts of impaired driving causing bodily harm and one count of operating motor vehicle with excessive blood alcohol. Accused had previous driving offences, had difficult time transitioning from armed forces back to civilian life and had ongoing medical issues. Complainants and family described lasting physical, mental and emotional effects. Sentencing hearing was held. Accused was sentenced to 5.5 years of imprisonment, concurrent on each count and 10 year driving prohibition. It was generally accepted that there had been upward trend in prison terms since 2010 and Ontario Court of Appeal decision in R. v. Rammage. Aggravating factors included horrible nature of offences, complainant lost her life in her prime, accused’s level of intoxication was significant and accused’s driving record was also problematic. Accused’s injuries to himself and his knowledge that he took away life of one individual and compromised lives of others was sufficient to find specific deterrence.

R. v. Canavan (2018), 2018 CarswellOnt 21760, 2018 ONSC 7218, Tzimas J. (Ont. S.C.J.).

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