Specific deterrence was factor in case as accused needed lesson on evils of drinking and driving

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

Accused failed to stop at red light and struck car that was attempting to turn on green light, causing serious injuries to both passengers in other car. Accused pleaded guilty to two counts of impaired operation of motor vehicle causing bodily harm. Crown and defence made submissions on sentencing. Accused was sentenced to three years’ imprisonment with ten-year driving prohibition. In addition to denunciation and general deterrence, specific deterrence was factor in case as accused needed lesson on evils of drinking and driving. Aggravating factors included accused’s terrible driving, number of victims and devastation of injuries, degree of drunkenness, and lack of acceptance of responsibility. Mitigating factors were guilty pleas and fact that accused sought some counselling and abstained from consumption of alcohol since offence date.

R. v. Theriault (2018), 2018 CarswellOnt 21592, 2018 ONSC 7465, Conlan J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca.

 

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case

Court denies former bencher's request for civil trial data that would show extent of court delays

Ontario Court of Appeal allows wife to collect from husband's debtors through garnishment

Most Read Articles

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case