The Crown appealed a sentence imposing a 20-month conditional sentence for impaired driving causing death, arguing that the sentencing judge gave insufficient weight to denunciation and general deterrence and erred in finding community safety could be protected.
The majority held that the sentencing judge carefully considered the offender’s psychiatric history, long abstinence, remorse, support structure, treatment compliance, and the statutory requirements for a conditional sentence.
Applying the appellate deference principles later articulated in the Supreme Court’s conditional sentence jurisprudence, the majority found no error in principle and no demonstrable unfitness.
A dissenting judge would have allowed the appeal and imposed 20 months’ incarceration, emphasizing the gravity of impaired driving causing death and the need for stronger external controls and denunciatory effect.
