R. v. Gauthier, 2008 ONCA 310

1The trial judge gave thorough reasons for the sentence he imposed. The appellant, however, contends that the sentence reflects two errors in principle: The trial judge failed to give sufficient weight to the guilty plea, and he failed to give 3:1 credit for the time spent in pre-trial custody. We need not deal with the appellant’s contention because even if we were to accept it, in our view the three year sentence (less twelve and one-half month credit for pre-trial custody) was fit, having regard to the appellant’s horrendous record for driving-related offences and the trial judge’s recommendation that the appellant undertake an intensive substance abuse program while in custody.

2The trial judge imposed a lifetime driving prohibition. Although a lengthy term was fully justified, we think a fit period of prohibition is 10 years. Apart from this variation, the sentence appeal is dismissed.