Crown appeal from 90 day intermittent jail sentence. Accused pled guilty to leaving the scene of an accident which resulted in death (s. 252(1.3) CC). Accused struck a pedestrian at 6:53 am, and then proceeded to work and indicated that he had struck a deer. Accused later phoned 911 and confessed at 7:48 am. Expert evidence established that part of accused’s behaviour was explained by a form of autonomic stress (flight) disorder.
Held: Appeal allowed, 9 months jail.
Sentencing judge erred in failing to consider the accused’s attempts to conceal his actions as aggravating. “There is a continuum of culpability in cases where an offender involved in an accident fails to stop to offer assistance”. The continuum ranges from cases of panic (6 months) to cases of callous disregard and efforts to deceive (12 months). O’Ferrall dissented.
M. Takada – Defence Counsel