Court File and Parties

CITATION: R. v. Gauthier, 2008 ONCA 310

DATE: 20080423

DOCKET: C48022

COURT OF APPEAL FOR ONTARIO

LASKIN, SIMMONS and LANG JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

JASON GAUTHIER

Applicant/Appellant

Christopher Hicks for the appellant

Joanne Stuart for the respondent

Heard and endorsed: April 22, 2008

On appeal from sentence imposed by Justice John Kukurin of the Ontario Court of Justice dated June 22, 2007.

APPEAL BOOK ENDORSEMENT

[1] The 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.

[2] The 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.