Ontario Criminal

Criminal Law

Sentencing by offence

Offences against the person and reputation

Order prohibiting accused from communicating with members of deceased’s family was issued

Accused was driving himself and deceased home from club where they had been drinking when vehicle crossed centre line and crashed into building, causing injury to accused and killing deceased. Accused’s blood alcohol content at time of crash was between 100 and 124 mg of alcohol in 100 ml of blood. Accused testified that deceased took off his seatbelt and yanked steering wheel, and that accused tried to yank steering wheel back and his next memory was of waking in hospital. Deceased’s act of grabbing steering wheel was intervening act, but jury found that accused’s negligence and impairment were significant contributing causes of deceased’s death despite intervening act. Accused was convicted by jury of impaired driving causing death and criminal negligence causing death. Accused was sentenced to five years’ imprisonment on count of impaired driving causing death, and five years’ imprisonment concurrent on count of criminal negligence causing death. Seven-year driving prohibition was imposed, and order prohibiting accused from communicating with members of deceased’s family was issued. Accused had high level of alcohol in his system, was travelling at high rate of speed, and consequences of crime were devastating. Accused was young with unblemished record, had support in community, had long employment history, had suffered greatly, was clearly remorseful, and was accepted into college program.

R. v. Osman (2019), 2019 CarswellOnt 656, 2019 ONSC 327, R.F. Goldstein J. (Ont. S.C.J.).

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