Respect for rule of law undermined both for offender and wider society when offender flouts court order

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

Accused was fifty years of age and abstinent alcoholic. Beginning in 1990, accused amassed pertinent criminal record that included four convictions for driving with excessive blood alcohol, one conviction for dangerous driving and thirteen Highway Traffic Act convictions, among others. In 2011, accused was convicted and sentenced to three fifteen year driving prohibitions. In 2016, accused was convicted with four counts of operating motor vehicle while disqualified. Sentencing hearing was held. Accused was sentenced to imprisonment for twelve month period and three year driving prohibition. Aggravating factors included accused knowing he was prohibited from driving, that he flouted law, he had not paid last fine nor had he completed remedial education component for license reinstatement process. Conditional sentence would not achieve required denunciation and individual deterrence. Respect for rule of law was undermined both for offender and wider society who learned of it when offender flouts court order. There was concern for driving recidivism. Improved circumstances of accused from 2011 conviction and dearth of aggravating factors of this offence moved proportionality needle.

R. v. Gore (2019), 2019 CarswellOnt 768, 2019 ONSC 376, Rick Leroy J. (Ont. S.C.J.).

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