The appellant, Allan Dale Sutherland, appealed his sentence for operating a motor vehicle while disqualified and prohibited, challenging both the 18-month custodial sentence and the lifetime driving prohibitions imposed by the sentencing judge.
The Court of Appeal upheld the 18-month sentence, finding it fit given the appellant's extensive record and the need for specific deterrence.
However, the court found that the sentencing judge erred in imposing lifetime driving prohibitions, as legislative amendments to the Criminal Code (specifically the repeal of s. 259(4) and replacement by s. 320.18, with maximums set by s. 320.24(5)) made such prohibitions discretionary with specific maximum periods.
The court vacated the lifetime prohibition on the first count and varied the prohibition on the second count to 11.5 years, reflecting the maximum permissible period plus the sentence duration.
