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.).

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