Killian May

Sentencing decision following convictions for impaired operation causing death and driving while disqualified after a snowmobile collision that resulted in the death of a teenage passenger.

The offender had consumed alcohol, operated the vehicle while prohibited, and lost control on a rural roadway, striking a tree.

The court considered victim impact statements, the offender’s criminal record involving prior alcohol-related driving offences, and a presentence report outlining personal circumstances and alcohol misuse.

While the offender had complied with strict bail conditions for several years and had family responsibilities, the court emphasized denunciation and general deterrence in cases of impaired driving causing death.

A penitentiary sentence was imposed together with a lengthy driving prohibition and a DNA order.

The accused was charged with impaired operation causing death, operating with a blood alcohol concentration exceeding 80 mg, and operating a motor vehicle while disqualified following a fatal snowmobile collision.

The principal issue at trial was whether the accused or the deceased passenger was driving the snowmobile immediately prior to the collision.

After a lengthy trial involving competing collision reconstruction experts, the court found the physical evidence, injury patterns, and scene analysis supported the Crown’s theory that the accused was driving and that the passenger had been ejected prior to the snowmobile striking a tree.

The court concluded the accused’s blood alcohol concentration was between 120 and 168 mg/100 mL and that his impaired operation was at least a contributing cause of the death.

The defence theories regarding collision mechanics, evidentiary deficiencies, and alleged investigative failures did not raise a reasonable doubt.