Client convicted of impaired driving causing death by jury. Sentencing hearing to determine what aggravating facts on sentencing if any the sentencing Judge should consider.
Held: Per established law, where the facts upon which a jury based their verdict cannot be inferred logically from the evidence heard it is for the Trial Judge to be satisfied of any aggravating facts beyond the minimum necessary to found the verdict, and be so beyond a reasonable doubt. Defence argued successfully that Court should reject as unproven any alleged aggravating facts such as a pattern of speeding prior to the fatal accident and a significant level of impairment. Given the client’s lack of criminal record, exemplary character and genuine remorse notwithstanding his proceeding to trial Court sentenced client to 2 1/2 years, a sentence towards the low end for like offences and offenders.