Defence appeal from 6 year jail sentence following conviction for impaired driving causing death. 240 mg%. Accused crossed the centre line and while driving on the wrong side of the road he struck and killed a motorcyclist. Two prior impaired convictions, and two prior drive while disqualified convictions. Defence argued that 6 years was beyond the acceptable range.
Held: Appeal dismissed.
“Most of the cases relied upon by the appellant predate statutory increases to the applicable sentencing provisions. Appellate courts in Canada have taken the inflationary intent and effect of such changes into account in imposing sentences higher than the range submitted by the appellant.”
Berger, JA dissented.
A. Hepner – Defence Counsel