Graham Zoppi

The appellant sought leave to appeal sentence arising from an impaired driving causing death matter involving egregious facts.

The Court of Appeal held that, although a substantial penitentiary sentence was warranted because of the grave consequences, prior alcohol-related record, and lack of remorse, the sentencing judge erred in principle by imposing a sentence above the range imposed on similar offenders in similar cases.

Applying the parity principle in s. 718.2(b) of the Criminal Code, the court reduced the custodial sentence from eight years to six years.

The 10-year driving prohibition was left undisturbed.