Henry Limheng

The appellant appealed two sentences imposed for convictions under s. 2(1)(a) of the Compulsory Automobile Insurance Act.

The first conviction arose from operating an uninsured motor vehicle in 2012, with a fine of $20,000 imposed in absentia in 2013.

The second conviction arose from operating an uninsured motor vehicle in 2013, with a fine of $25,000 and a six-month driving suspension imposed in absentia in 2014.

The court found errors in principle: the sentencing courts failed to consider the appellant's ability to pay and failed to account for the substantial fifteen-year gap between the appellant's prior convictions in the 1990s and the current offences.

The court reduced the fines and applied s. 59(2) of the Provincial Offences Act to provide mitigation based on exceptional circumstances, including the appellant's struggle with alcoholism and limited financial means.