Court File and Parties
COURT OF APPEAL FOR ONTARIO
Feldman, Blair and Watt JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
Michel Goulet
Appellant
Seth Weinstein, for the appellant
Peter Scrutton, for the Crown
Heard & released orally: October 30, 2009
On appeal from the sentence imposed by Justice J.G. Lebel of the Ontario Court of Justice dated February 6, 2009.
ENDORSEMENT
[1]
Overview
Mr. Goulet pleaded guilty to dangerous driving causing death and dangerous driving causing bodily harm after causing a tragic collision that killed one person and injured three others including himself. He was sentenced to 18 months imprisonment plus a five year driving prohibition. He seeks leave to appeal his sentence and if leave is granted he appeals the sentence.
2The trial judge justifiably concluded that the appellant has been driving in a reckless fashion for a significant period of time prior to causing the accident that occurred after he pulled over a double line on an S-curve to pass a transport truck and struck an oncoming vehicle. The appellant is young (24 at the time), in a stable relationship with a child, has no prior criminal record and has excellent rehabilitative prospects. He pleaded guilty and, to his considerable credit, has demonstrated genuine remorse for what happened.
[3]
Analysis
The only issue at trial was whether the term of imprisonment to be imposed was to be served in jail or in the community under a conditional sentence order. The trial judge considered the appropriateness of the conditional sentence but ultimately rejected such a disposition on the basis that a conditional sentence, in all the circumstances, would not adequately address the principles of denunciation and general deterrence, which he concluded were the prevailing sentencing objectives on the facts of this case and in that community. We see no error in principle in this determination and in the absence of such an error, we must defer to the trial judge’s decision.
[4]
Disposition
Leave to appeal sentence is granted but the appeal is accordingly dismissed.
“K. Feldman J.A.”
“R.A. Blair J.A.”
“David Watt J.A.”
