Accused convicted after trial of dangerous driving causing bodily harm. Accused drove aggressively, crossed the centre line, and caused a collision resulting in serious injury to the other motorist (broken knee, and significant facial / jaw injury). 29 year old accused who had previously suffered a spinal injury that left him paralysed from the 9th vertebrae down. Crown sought 6 months jail.
Held: 60 days jail intermittent, and 2 years probation.
“The clemency principle may apply in any case where the accused comes before the Court with a serious disability that would make it difficult, if not impossible, for him to serve any significant period of incarceration”. Authorities reviewed. 6 months would have been a fit sentence but for accused’s disability.
M. Parhar – Defence Counsel