Crown appeal from 90 days jail intermittent plus 2 years probation (and 3 year driving prohibition) after accused pleaded guilty to 3 counts of impaired driving causing bodily harm. Injuries ranged from one victim with broken ribs to another who was hospitalized for 5 months with significant injuries.
Held: Appeal dismissed.
Youthful aboriginal offender with no adult record. Genuine remorse. “An intermittent 90 day sentence … cannot be considered to be proportionate … We have no difficulty in accepting the Crown’s suggestion that a minimum 12 month period of incarceration would have been a fit sentence.” However, appeal dismissed due to the passage of time (4 months since the sentence appeal was argued, and 1 year since the original sentence was imposed) … “we decline to reincarcerate the Respondent.” Wakeling, JA dissented.
G. Johnson – Defence Counsel