Sentencing decision following a jury conviction for dangerous driving causing bodily injury arising from a signalized-intersection collision in which the victim sustained traumatic brain injuries and other serious lasting impairments.
The Crown sought a three-year custodial sentence based on alleged aggravating facts including racing, extreme speed, and dangerous lane manoeuvres.
The court held that only one aggravating fact was proven beyond a reasonable doubt: the offender was travelling well above the posted 50 km/h limit, up to 80 km/h, but not at 110 km/h or more, and the evidence did not establish racing or the other alleged manoeuvres.
Applying proportionality, denunciation, and general deterrence, while recognizing some reduction in culpability because the victim turned left across the offender's path, the court imposed 9 months' imprisonment, a 3-year driving prohibition, and firearms prohibitions, but declined to order DNA.
