DATE: 20010412

DOCKET: C35239

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) v. RAVINDER PAL DHESI (Appellant)

BEFORE: McMURTRY C.J.O., FINLAYSON and LABROSSE JJ.A.

COUNSEL: Robert B. McGee, Q.C.,

for the appellant

Gregory J. Tweney,

for the respondent

HEARD: March 23, 2001

On appeal from his sentence imposed by Justice Lloyd Budzinski on October 19, 2000

E N D O R S E M E N T

[1] The appellant pleaded guilty to impaired driving causing bodily harm and failing to remain at the scene of an accident. He was sentenced to eighteen months’ imprisonment and a five-year driving prohibition. He appeals the sentence.

[2] The appellant was driving on the streets of the City of Toronto. He nearly had a head-on collision but fortunately only clipped and damaged the other car. He did not stop. He was weaving all over the road. He later clipped another car and while the other driver got out to inspect the damage, the appellant’s car lunged forward and pinned the other driver between the two cars. When the appellant reversed his car, he got stuck in a snow bank. The other driver sustained severe injuries to the left leg. The appellant had at least twice the legal limit of alcohol in his blood.

[3] The appellant was convicted of impaired driving in 1997 and was sentenced to a fine and a one-year driving prohibition. According to the pre-sentence report, he minimized the severity of both his conduct and the other driver’s injuries. The trial judge noted that he appeared to have a chronic drinking problem which he has addressed since committing these offences.

[4] The trial judge considered the appropriateness of a conditional sentence and decided against it.

[5] In the circumstances of this case, particularly having regard to the appellant’s record, the seriousness of the offences, the level of alcohol he had in his blood at the time, and the objectives of sentencing, the sentence was fit and there is no basis to interfere.

[6] Leave to appeal sentence is granted but the appeal is dismissed.

Signed: “R.R. McMurtry C.J.O.”

“G.D. Finlayson J.A.”

“J.M. Labrosse J.A.”