Impaired or Dangerous Operation, Over 80 and Refusal Causing Bodily Harm or Death (Sentencing Cases)

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This page was last substantively updated or reviewed January 2020. (Rev. # 87943)

Causing Bodily Harm

Case Name	Prv.	Crt.	Sentence	Summary
R v Gomes, 2022 ONCA 247 (CanLII)	ON	CA	3 years
R v Lord, 2021 ONSC 6256 (CanLII), per Davies J	ON	SC	10 months imprisonment
R v Leis, 2021 ONCJ 86 (CanLII), per Orsini J	ON	PC
R v Bulland, 2019 ONSC 4220 (CanLII)	ON	CA	2 years imprisonment
R v Wadien, 2020 ONCJ 120 (CanLII)	ON	PC	2 years imprisonment
R v Czajka, 2018 ONCJ 350 (CanLII), per Ghosh J	ON	PC	14 months imprisonment 18 months probation 3 year driving prohib.	"Offender veered into oncoming traffic causing a head-on collision. He had a blood alcohol concentration that was almost twice the legal limit. The victim, a 79-year-old man, suffered extensive injuries and is confined to a wheelchair and now suffers from depression and anxiety. Guilty plea. No criminal record. Sincere remorse. Completed counselling for alcohol abuse and no reason to believe that he will re-offend. Several letters attest to his good character. Pursuing a variety of prescribed therapeutic interventions as a result of his own injuries from the collision that would be impacted by a lengthy custodial sentence." [1]
R v Stennett, 2018 ONCJ 466 (CanLII), per Kenkel J	ON	PC
R v Stewart, 2018 ONCJ 678 (CanLII), per Doody J	ON	PC	2.5 years
R v Gill, 2017 ONSC 723 (CanLII), per Quigley J	ON	SC	4 years and three months jail 5 year driving prohib.	"Offender rear-ended a motorcycle causing extensive injuries to its two passengers. Refused to provide a breath sample. Extreme level of impairment. Swerving in and out of traffic. Prior criminal record – not driving related."[2]
R v Gauvreau, 2017 ABCA 74 (CanLII), per curiam	AB	CA	15 month	The offender pleaded guilty to impaired driving causing bodily harm. The offender fled the scene after the collision. The judge imposed a 15 year driving prohibition.
R v Mitchell, 2016 ONCJ 731 (CanLII), per Felix J	ON	PC
R v Muzzo, 2016 ONSC 2068 (CanLII), per Fuerst J	ON	SC
R v West, 2016 ONCJ 368 (CanLII)	ON	PC	8 months imprisonment probation
R v Irons, 2016 ONSC 1490 (CanLII), per Spies J	ON	SC	12 months (dangerous) 6 months (failure) 5 year Driv. Prohib.	"Made two extreme, unsafe lane changes while travelling faster than the posted speed limit. Rear ended a motorcycle carrying two persons. One victim hospitalized for five months and suffered a traumatic brain injury; the other victim suffered scars to most of her body....Youthful offender. No alcohol consumed. Dangerous driving was for a brief time. Offender turned himself into police. Remorseful." [3]
R v Clouthier, 2016 ONCA 197 (CanLII), per Watt JA	ON	CA		"Offender rear-ended three vehicles in 15 minutes. BAC between 100-150 mg alcohol/100 ml blood. ... Guilty plea. Expressed sincere remorse. 21-year-old first offender. Was suffering from depression at time of collision and abused alcohol and drugs. Very favourable pre-sentence report. Participated in drug and alcohol program. Undertaken psychotherapy. Performs volunteer work. Remains employed. " [4]
R v George, 2016 NSCA 88 (CanLII), per Bryson JA	NS	CA	4 months imprisonment	The offender pleaded guilty to driving while impaired. He harmed his girlfriend in a collision. He was 22 years of age and was remorseful. He was found to have continued to drink despite statements to the contrary.
R v Hiebert, 2016 MBPC 22 (CanLII), per Slough J	MB	PC	6 years (impaired) 6 months (poss'n) 9 months (assault wpn)	The offender was convicted of impaired driving causing bodily harm and dangerous driving causing bodily harm as well as possession of stolen property and assault with a weapon. He stole a car and drove it causing a collision. He pulled a knife on two witnesses to the collision. He had 5 prior convictions for driving related criminal offences. He had an aboriginal background.
R v Anderson, 2016 MBPC 28 (CanLII), per Martin J	MB	PC	90 days	The offender was in a head-on collision with a vehicle holding three young men. The men were significantly injured. The BAC in the offender was 185 to 221.
R v Drozdowski, 2014 ONCJ 264 (CanLII), per Brown J	ON	PC	90 days	three victims injured.
R v LaForme, 2014 ONCA 367 (CanLII), per curiam	ON	CA		"Pleaded guilty; Drove at high rate of speed, swerved in and out of his lane on snow covered roads, lost control of his truck and rolled it; cut off by bartender and warned not to drive after drinking 8 to 10 beers; passenger rendered quadriplegic; BAC more than double legal limit; victim confined to wheelchair and needs help to do all activities, lives in nursing home surrounded by others much older than him; Defendant 72 years old, with significant health issues; Indigenous; began to drink at age 12 and battled alcohol issues most of his life but reported to have stopped drinking after offence; made significant contributions to his community; five prior dated driving convictions including dangerous driving, over 80, failure to provide breath sample, impaired driving."
R v Black, 2014 ONSC 3120 (CanLII), per Mulligan J	ON	SC	3 years	"Offender collided with oncoming vehicle. Blood alcohol 190 mg/100 ml. Impaired operating conviction two years earlier. Numerous license suspensions. Presence of beer bottles in the vehicle. Did not render aid or call ambulance. Victim suffered a brain injury and various fractures. Three years after the collision, the Victim is completely disabled and unable to return to work....Guilty plea to impaired operation simpliciter. Cooperative with police. Remorseful. Struggled with alcohol over the years. Supportive family."
R v Clements, 2013 MBPC 69 (CanLII), per Krahn J	MB	PC	12 months imprisonment	The offender plead guilty to impaired causing. He cut off another vehicle while driving erratically. He caused the other car to turn 90 degrees and go on the sidewalk. The two young persons in the vehicle suffered bruising and soft tissue injury. The offender fled the scene. He had a BAC of 260. He had a prior record of impaired driving and driving while disqualified.
R v Gill, 2013 BCPC 245 (CanLII), per Hicks J	BC	PC	90 days	The offender T-boned another car containing a mother and daughter when driving into oncoming traffic. The mother suffered fractured rib, lacerations to her spleen and liver, soreness ot her knees, whiplash and broken pelvis, requiring surgery. The daugher thought that her mother was dead and suffered emotionally from the accident. The offender tried to leave the scene of the collision. His BAC was 180. He was 30 years old and had no prior record.
R v Spencer, 2013 SKQB 183 (CanLII), per Gunn J	SK	SC	10 months imprisonment
R v Daly, 2013 SKPC 40 (CanLII), per Kalmakoff J	SK	PC	6 months imprisonment
R v Gomez, 2013 MBQB 43 (CanLII), per McKelvey J	MB	SC	90 days	The offender hit a hydro pole and injured some of his 5 passengers. One passenger had a broken wrist, fractured vertebrae and knee Another had a broken harm that never healed properly. The offender's BAC was 180.
R v MacPherson, 2013 ABCA 62 (CanLII), per Slatter JA	AB	CA	12 months imprisonment
R v Armstrong, 2012 SKQB 428 (CanLII), per Scheibel J	SK	SC	3 months imprisonment	Bodily harm
R v Voerman, 2012 BCPC 125 (CanLII), per Gouge J	BC	PC	6 months
R v Mosher, 2012 MBPC 24 (CanLII), per MJ Smith J	MB	PC	45 days	The offender drove through a red light at a high rate of speed and hit a police vehicle. One officer suffered soft tissue injuries, including a separated shoulder. He missed work and had ongoing sleeping problems. The other suffered a blow to the head and suffered sore neck and back requiring medication. He missed a week of work. The offender's BAC was 120 to 130. He was 20 years old with no record.
R v Henderson, 2012 MBCA 9 (CanLII), per Hamilton JA	MB	CA	Suspended Sentence	driving causing bodily harm, vicitm in hospital
R v O’Keefe, 2011 CanLII 77298 (NLPC), per Orr JNL	PC	30 months imprisonment	impaired driving causing bodily harm on 2 individuals	{{{5}}}
R v Thompson, 2011 ONSC 624 (CanLII)	ON	SC	2.5 years	"Guilty plea after end of Crown’s case and blood samples admitted; Veered into oncoming lane and struck victim’s car in oblique head on collision; BAC 155 to 196 mg/100 ml; breaches of recognizance were for driving with alcohol in his system; on recognizance for driving over 80 at time of offence; held restricted licence which prohibited him driving with any alcohol in his system; Victim suffered severe breaks in both legs and permanently damaged; can walk only with corrective shoes; lost his pre-accident job; Offender took some steps to deal with alcohol issues but not clear whether yet resolved; very remorseful; extensive community support; gainfully employed and supporting family."
R v Meller, 2011 BCPC 318 (CanLII), per Baird Ellan J	BC	PC	4 years imprisonment	serious injuries' serious and long record
R v Gamble, 2011 ONCJ 513 (CanLII), per Harris J	ON	PC	6 months
R v Lamouche, 2011 ABCA 301 (CanLII), per Watson JA	AB	CA	8 months?
R v Littlecrow, 2011 SKQB 393 (CanLII), per Gabrielson J	SK	SC	2 years less a day
R v Hekmati, 2011 ONSC 4642 (CanLII), per Garton J	ON	SC	5 years	"Found guilty after trial; Speed over 100 km/h in 60 zone, swerving several times in passing lane prior to collision – driving “tended toward a deliberate endangerment of the public”; BAC 150 to 225; Victim suffered severe neurological trauma or brain damage; in vegetative state for 5 months; in rehabilitation hospital 2 years; regained ability to speak with slurred speech and move with wheelchair; catastrophic brain injury with very limited cognitive ability and greatly diminished intellectual capacity; requires 24 hour supervision; Offender had 3 prior over 80 convictions and driver’s licence condition prohibiting him from driving with any alcohol in his body. No remorse; no indication that offender took responsibility for his conduct or dealt with his alcohol abuse issues after the offence"
R v Crookedneck, 2011 SKCA 89 (CanLII), per Gerwing JA	SK	CA
R v Ruizfuentes , 2010 MBCA 90 (CanLII), per Chartier JA	MB	CA	6 years imprisonment	impaired causing bodily harm--dated unrelated record--15 year driving prohibition
R v Currell, 2010 ONCA 826 (CanLII), per curiam	ON	CA	12 months imprisonment
R v Grozell, 2010 ONSC 307 (CanLII), per Lauwers J	ON	SC	13 months imprisonment	He was speeding while intoxicated. He lost control of the vehicle and crashed, gravely injuring a passenger. The driver's readings were 207 and 269. He had no prior record. The judge also ordered 3 years driving prohibition.
R v Audy, 2010 MBPC 55 (CanLII), per Slough J	MB	PC	$1,000
R v Jardine, 2009 NBQB 219 (CanLII), per McLellan J	NB	SC	12 months imprisonment	He drove his car at 132km/hr in a 50km/hr zone. The car became airborne and hit a parked vehicle and flipped upside-down.
R v Kannokko, 2009 ABPC 199 (CanLII), per Barley J	AB	PC	8 months imprisonment
R v Weisgerber, 2009 SKPC 107 (CanLII), per Harradence JSK	PC	SK	PC	$2,000 + probation
R v Williams, 2009 NBPC 16 (CanLII), per Walsh J	NB	PC	6 months CSO	Offender plead guilty. Offender lost control of car, causing it to flip. Two passengers in car were injured, including broken bones, and significant rehab.
R v Smith, 2009 SKCA 38 (CanLII), per Lane JA	SK	CA
R v Roininen, 2009 ABPC 299 (CanLII), per Redman J	AB	PC	9 months CSO
R v Bear, 2008 SKCA 172 (CanLII), per Smith JA	SK	CA
R v Van Puyenbroek, 2007 ONCA 824 (CanLII)	ON	CA	3 years (after credit) 5 year driving prohib.
R v Cappo, 2005 SKCA 134 (CanLII), per Sherstobitoff JA	SK	CA
R v Robbie, 2005 SKPC 72 (CanLII), per Lavoie J	Robbie J			{{{5}}}
R v Goudreault, 2004 CanLII 34503 (ON CA), per Labrosse JA	ON	CA	60 days	Offender rear-ended victim's car at an intersection.
R v Rowan, 2004 CanLII 22935 (ON CA, per curiam	ON	CA	60 days
R v Anderson, 2004 BCCA 547 (CanLII), per curiam	BC	CA	90 days	The offender pled guilty to impaired causing bodily harm. His vehicle drove into oncoming traffic and hit a van. A passenger in the van was injured. He was 41 years old with 3 prior drunk driving convictions. He was remorseful and took counselling.
R v Galloway, 2004 SKQB 130 (CanLII), per GA Smith J affirmed 2004 SKCA 106 (CanLII), per curiam			{{{4}}}	{{{5}}}
R v Decap, 2003 SKQB 450 (CanLII), per Barclay J			{{{4}}}	{{{5}}}
R v Wahobin, 2002 SKPC 53 (CanLII), per Meekma J			{{{4}}}	{{{5}}}
R v Regnier, 2002 SKCA 82 (CanLII), per Lane JA			{{{4}}}	{{{5}}}
R v Andres, 2002 SKCA 98 (CanLII), per Vancise JA			{{{4}}}	{{{5}}}
R v Bouchard, , [2002] OJ No 5357 (*no CanLII links)	NS		16 months + Pr + 2 year Drv Proh (impaired + breach)	The offender plead guilty to impaired driving causing bodily harm and breach of conditions. He drove into the wrong lane and hit an oncoming vehicle. He was 22 years old with an aboriginal background. He had a serious drinking problem. The judge accounted for 99 days remand credit.
R v Trobert, 1999 SKQB 189 (CanLII), per Scheibel J aff'd 2000 SKCA 113 (CanLII), per Bayda CJ	SK	CA	2 years less a day
R v Hamel, 1999 CanLII 12226 (SK CA, per Jackson JA	SK	CA	6 months imprisonment	He attended a "stag" party and offered to drive to the next destination. He drove down one of busiest streets in the city at 80 to 110km/hr, driving through red light and finally colliding with a tree. Three passengers were injured. He was 24 years old with no prior record. Sentencing judge ordered 90 days jail.
R v Roasting, 1999 ABCA 52 (CanLII), per curiam	AB	CA	2 years imprisonment
R v Martin, 1996 CanLII 5269 (NS CA, per Clarke CJ	NS	CA	Suspended Sentence
R v Feucht, 1992 CanLII 8192 (SK CA, per Sherstobitoff JA	SK	CA	6 months imprisonment

Causing Death

Case Name	Prv.	Crt.	Sentence	Summary
R v Copan, 2019 NSSC 111 (CanLII), per Murray J	NS	SC	2 years imprisonment
R v Fracassi, 2017 ONSC 28 (CanLII), per Boswell J	ON	SC	6 years imprisonment (death) 3 years imprisonment (harm)	The offender was driving while impaired and hit two pedestrians, killing one and injuring the other.
R v Montoya, 2016 ABQB 660 (CanLII), per Wittmann CJ	AB	SC	4.5 years imprisonment	The offender pleaded guilty to impaired driving causing death where three vehicles collided, killing two people and injuring a third person.
R v Gibson, 2015 ABCA 41 (CanLII), per curiam	AB	CA	4 years imprisonment	offender pleaded guilty to impaired driving caulking bodily harm and death. He drove a large pick up truck down the highway and attempted to pass a vehicle by driving into oncoming traffic. He hit several vehicles including on vehicle head on killing a 17-year-old. His blood alcohol readings were 170 and 181. The offender was 22 years old with no prior record. He had post secondary education. The judges overturned a joint recommendation.
R v Lacasse, 2015 SCC 64 (CanLII), per Wagner J	SCC	SCC	6.5 years imprisonment	The offender pleaded guilty to impaired causing death in relation to two passengers in a collision. He was 20 years old and had no record, except for 3 speeding tickets. The Court called the sentence "severe".
R v Currie, 2015 NSSC 15 (CanLII), per Murray J	NS	SC	2 years imprisonment	"the accused who was 22 at the time of the offence and 25 at the time of the sentencing, pled guilty to one count of impaired driving causing death. A... the deceased victim had been thrown from the vehicle. The accused had no prior record, was remorseful and was steadily employed with a young family. The Court accepted the joint recommendation of two years and a 2 year driving prohibition. "
R v Walker, 2014 ONCA 919 (CanLII), per curiam	ON	CA	3 years imprisonment	The offender pleaded guilty to impaired driving causing death. He was driving when he lost control of his vehicle and struck a mailbox and Hydro pole, killing his best friend who was sitting in the passenger seat without a seat belt. The Court of Appeal overturned 10 year driving probation and substituted a 5 year driving probation.
R v Riley, 2014 ONSC 3264 (CanLII), per Goodman J	ON	SC	4 years imprisonment	charged with impaired causing bodily harm and death; criminal negligence causing bodily harm and death. Offender drove stolen car at high rate of speed, lost control and crashed into house killing one person, injuring another.
R v Flight, 2014 ABCA 380 (CanLII), per Slatter JA	AB	CA	4 years imprisonment	The offender was 43 years old and had two dated convictions for impaired driving.
R v Igor Kresko, 2013 ONSC 1631 (CanLII), per Himel J	ON	SC	6 years imprisonment	refusal after causing death
R v Courtney, 2013 SKPC 11 (CanLII), per Maniak J	SK	PC	2 years less a day
R v Purtill, 2013 ONCA 692 (CanLII), per curiam	ON	CA	6 years imprisonment	The offender was convicted of criminal negligence causing death and impaired driving causing death. The collision resulted in the death of a 5 month old child and broke the back of the mother. He had a prior conviction for impaired driving.
R v Knight, 2012 MBPC 52 (CanLII), per L Allen J	MB	PC	5.5 years imprisonment
R v Luskin, 2012 ONSC 1764 (CanLII), per Trotter J	ON	SC	3.5 years imprisonment	hit mini-van with 5 people, killing 3
R v Anderson, 2012 NBQB 32 (CanLII), per Morrison J	NB	SC	3 years imprisonment	BAC 203 and 270, flipped car, killed husband passenger
R v P(O), 2012 ONCJ 1 (CanLII), per De Filippis J	ON	PC		conviction for 271 and 151; based only on prior statement
R v MacDougall, 2011 NSPC 12 (CanLII), per Ross J	NS	PC		The offender was 18 years old with no prior record.
R v Stimson, 2011 ABCA 59 (CanLII), per curiam	AB	CA	2 years less a day imprisonment	The offender pleaded guilty. He rolled his vehicle, killing his passenger. He was 19 years old and of aboriginal background.
R v Olsen, 2011 ABCA 308 (CanLII), per Martin JA	AB	CA	3.5 years imprisonment	The offender pleaded guilty to two counts of impaired causing death. He drove through a red light, hitting another car and killing two people. He had a BAC reading of .226 and was speeding at 85km/h in a 65km/h zone. He was 22 years old and had no criminal record, but had a record for traffic offences.
R v Kummer, 2011 ONCA 39 (CanLII), per MacPherson JA	ON	CA	8 years imprisonment
R v Semenko, 2011 MBPC 80 (CanLII), per Elliot J	MB	PC	police brutality	no stay of proceedings
R v Ramage, 2010 ONCA 488 (CanLII), per Doherty JA	ON	CA	4 years imprisonment	The offender was convicted of impaired driving causing bodily harm and death, and driving over 80. He collided with another driver, killing his passenger and injuring the other driver. He had a BAC of .212 and .282.
R v Ruizfuentes, 2010 MBCA 90 (CanLII), per Chartier JA	MB	CA	4.5 years imprisonment	causing death; BAC 120+, drove through multiple red lights
R v Junkert, 2010 ONCA 549 (CanLII), per O'Connor ACJ	ON	CA	5 years imprisonment	high speed of driving, hit jogger, no prior record, BAC 130
R v GB, [2010] QCQB 8243(*no CanLII links)	QC		6 years	BAC 320, prior record for impaired
R v Junkert, 2010 ONCA 549 (CanLII), per O'Connor ACJ	ON	CA	5 years imprisonment	also convicted of dangerous driving causing death--while impaired killed--no prior record--ranges up to 5 years (@ 39 to 49)
R v Coupal, 2010 ABQB 229 (CanLII), per Hughes J	AB	SC	4 years imprisonment	The offender pleaded guilty to impaied driving causing death. He drove across the median line and killed one pedestrian and injured two others.
R v Tschetter, 2009 ABPC 291 (CanLII), per Fraser J	AB	PC	5.5 years imprisonment	The offender was driving a cement truck while impaired, weaving through traffic, and then went through a red light at 130km/h in a 80km/h zone. He hit another vehicle killing 5 people.
R v Howe, 2007 NBCA 84 (CanLII), per Ricard JA	NB	CA	3 years imprisonment	BAC 140, hit and killed biker
R v Rhyason, 2007 ABCA 119 (CanLII), per curiam	AB	CA	3 years imprisonment
R v Hall, 2007 ONCA 8 (CanLII), per LaForme JA	ON	CA	4 years and 10 months	impaired at time--prior related record--10 year driving prohibition
R v Cooper, 2007 NSSC 115 (CanLII), per S MacDonald J	NS	SC	7 years imprisonment	two counts of impaired causing death. The offender crossed centre-line and hit oncoming vehicle killing two persons. He had one prior conviction. He was also sentenced to lifetime driving prohibition and DNA order.
R v Wood, 2005 CanLII 13779 (ON CA), per curiam	ON	CA	9 years imprisonment
R v Mascarenhas, 2002 CanLII 41625 (ON CA), per Abella JA	ON	CA	9 years imprisonment
R v Nickerson, 1991 CanLII 2499 (NSCA), [1991] NSJ No 48, per Hart JA	NS	CA	5 years imprisonment	impaired driving causing death--no prior record--also convicted of impaired driving causing bodiy harm (2 years)
R v MacEachern , 1990 CanLII 2413 (NSCA), per MacDonald JA	NS	CA	5 years imprisonment	prior impaired and B&E conviction -- found guilty of criminal negligence causing death hitting a pedestrian at a crosswalk

See Also

• Impaired Driving, Over 80 and Refusal (Sentencing Cases)
• See R v Goudreault, 2004 CanLII 34503 (ON CA), 190 CCC (3d) 19 for table of Ontario Cases