Amanda Gallo

Jonathan Paypompee pleaded guilty to dangerous operation of a conveyance causing death and bodily harm, and failing to stop after an accident.

The offences arose from a hit-and-run collision in Thunder Bay, Ontario, where Paypompee, driving without a license and under the influence of alcohol and crack cocaine, struck two pedestrians, killing one and seriously injuring the other.

The court considered extensive Gladue factors reflecting Paypompee’s Indigenous heritage, troubled upbringing, substance abuse, and remorse.

After weighing aggravating and mitigating factors, including his lengthy criminal record and harsh pre-sentence custody conditions, the court imposed a total sentence of seven years imprisonment, with credit for time served reducing the effective sentence to four years.

A lifetime driving prohibition and DNA order were also imposed, with victim fine surcharges waived due to hardship.

The accused, Cody Joseph O’Dwyer, pleaded guilty to possession of a stolen motor vehicle, unauthorized possession of an unloaded revolver, being an occupant of a vehicle with a revolver, and possession of a weapon dangerous to the public peace.

The court considered the appropriate sentence, rejecting the Crown's inferences that the firearm was used to menace the victim or that Thunder Bay had an "epidemic" of gun violence, citing insufficient statistical evidence and the principle of sentencing based on actual conduct rather than potential harm.

The court also discussed the limited efficacy of general deterrence for offenders involved in drug and gun activities.

Ultimately, the court imposed a conditional sentence of 240 days (approximately 8 months) followed by 18 months of probation, with specific conditions, finding that a conditional sentence could adequately address the objective of denunciation given the circumstances.