Defence appeal from a 5 year sentence on numerous charges including criminal flight and dangerous driving. Two incidents. The first involved a high-speed chase (up to 180 km/h) where the appellant drove on the wrong side of the road, ignored traffic signs, and was under the influence of drugs. Months later, the appellant ran a red light, causing a collision, and fled the scene. No injuries. Defence argued that the trial judge improperly relied on Roberts, 2005 ABCA 11.
Held: Appeal dismissed.
The actus reus of criminal flight spans a “wide spectrum of seriousness”. No error in the sentencing judge’s treatment of Roberts as a comparator case. “The appellant is correct that there was a significant aggravating fact present in Roberts that was absent here (serious injuries) but the two offenders’ driving patterns were broadly comparable and the appellant – unlike Mr. Roberts – had a recent, directly related record and was subject to multiple driving prohibitions when he evaded police”.
Pillai – Defence Counsel