The accused was found guilty by a jury of dangerous driving, flight from police, mischief over $5,000, resisting arrest, and possession of methamphetamine following a 41km high-speed police pursuit.
The court rejected the accused's argument that the Kienapple rule should stay the flight from police conviction, finding it protects a different societal interest than dangerous driving.
Emphasizing denunciation and deterrence for the extreme driving conduct, the court declined to impose a conditional sentence and sentenced the accused to a global term of 30 months in custody, less credit for pre-sentence custody, along with a 3-year driving prohibition.
