Crown appeal of a 90 day intermittent sentence and a 9 month CSO imposed after accused pleaded guilty to impaired driving causing bodily harm and leaving the scene. Erratic driving on a highway, and accused rear-ended another motorist. Severe shoulder separation and psychological trauma caused. Accused blew 170 mg%. Previous good character.
Held: Appeal allowed. 15 months jail imposed.
Deterrence and denunciation paramount. Impaired driving “is often committed by law-abiding citizens who make irresponsible and selfish decisions … It is a crime committed in the face of massive media coverage about the dangers of impaired driving … it was an error of principle for the sentencing judge to think that the personal circumstances of the respondent [ie, good character] were unusual or extraordinary, and took him outside the range of sentences normally imposed for this offence”.
A. Sanders – Defence Counsel