Accused pleaded guilty to causing an accident resulting in the death of an 11 year old girl while his blood alcohol concentration exceeded 80 mg%, contrary to s. 255(3.1) CC. Accused drove through a solid red light at 76 km/hr. Blood alcohol concentration was between 161 to 195 mg%. Accused had a very limited (unrelated) record. Crown acknowledged problems proving its case, given that the primary police investigator had been disciplined for committing various violations including keeping false notes arising from an unrelated traffic stop.

Held: 2.5 years jail.

“This Court is acutely aware of the admonition in Lacasse, that courts … must give paramount consideration to denunciation and deterrence as well as noting that the maximum term of imprisonment for this offence was increased in 2000 from 14 years imprisonment to life”.

D. Bourdon – Defence Counsel