Defence appeal from 24 month sentence for dangerous driving (6 months) and evading police (18 months consecutive). High speed chase through a residential area in Medicine Hat at 3 am, which ended in the accused smashing into a tree.
Held: Appeal allowed. Sentence for evading police reduced to 15 months consecutive.
Sentencing judge erred in finding that the accused’s flight from police was an aggravating factor on the flight charge. Lengthy criminal record. “Sadly, there appears not to be a single, favourable observation one can make about this man.”
M. Parhar – Defence Counsel