Lorne J. Goldstein

The offender was sentenced after a jury convicted him of criminal negligence causing death, impaired driving causing death, and refusing to provide a breath sample following a fatal collision.

The offender had driven the wrong way down a downtown street after consuming alcohol and struck and killed a pedestrian.

The court considered mitigating factors including the offender’s lack of criminal record, strong employment history, remorse, and positive character references, but emphasized aggravating factors such as the fatal consequences of impaired driving, the dangerous manner of driving, and the refusal to provide a breath sample after learning of the death.

The court highlighted appellate authority indicating a rising range of custodial sentences for impaired driving causing death, emphasizing denunciation and general deterrence.

A global custodial sentence was imposed along with a lengthy driving prohibition and a DNA order.

The accused was charged with first-degree murder in the death of his wife, who died from severe burn injuries and had suffered extensive prior abuse.

During pre-trial motions, the court ruled on the admissibility of two statements the accused made to police and the admissibility of prior discreditable conduct evidence.

The court found both the December 6 and December 11 statements were voluntary and that the accused's Charter rights were not violated.

The court also ruled that evidence of the accused's prior discreditable conduct, including evidence that he had shot the victim with a pellet gun 29 times, was highly probative of his animus, motive, and state of mind, and its probative value outweighed any prejudicial effect.