COURT OF APPEAL FOR ONTARIO

DATE: 20000727

DOCKET: C30834

RE: HER MAJESTY THE QUEEN (Respondent) v. JEAN PAUL
LEVESQUE (Appellant)

BEFORE: DOHERTY, ABELLA and MOLDAVER JJ.A.

COUNSEL: Gregory Lafontaine
for the appellant

Graham Zoppi
for the respondent

HEARD: July 14, 2000

On appeal from the sentence imposed by Poulin J. dated December
16, 1997.

E N D O R S E M E N T

[1] The extensive review of the case law provided to us by both
counsel suggests that a sentence of the length imposed on the
appellant is, under the present jurisprudence,* reserved for
cases where the facts of the offence are egregious and the
offender has a significant alcohol-related criminal record.

[2] The facts of this case certainly qualify as egregious. It
cannot, however, be said that this offender has a substantial
alcohol-related record. He has only one prior conviction for a
drinking and driving related offence.

[3] Sentencing must be directed at the individual before the
court, but a trial judge is obligated to have regard for
sentences imposed in similar cases on similar offenders (see s.
718.2(b) of the Criminal Code). We are satisfied that the trial
judge erred in principle in imposing a sentence that went beyond
the range of sentences imposed on similar offenders in similar
cases.

[4] Although we are satisfied that the trial judge went beyond
the range, we are also satisfied that this case merited a
substantial sentence. The serious consequences of the offence,
the appellant’s criminal record, particularly his prior drinking
and driving offence, and the absence of any real remorse called
for a sentence in the upper end of the range. We would reduce
the sentence from 8 years to 6 years. We would not interfere
with the 10-year driving prohibition.

[5] Leave to appeal is granted, the appeal is allowed, the
sentence is reduced to 6 years and the driving prohibition
remains at 10 years.

“Doherty J.A.”

“R.S. Abella J.A.”

“M.J. Moldaver J.A.”

• The maximum penalty for impaired driving causing death has been
  increased to life imprisonment effective June 30, 2000. The
  jurisprudence is based on a fourteen-year maximum.