Court File and Parties

CITATION: R. v. Goulet, 2009 ONCA 786

DATE: 20091109

DOCKET: C50075

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] 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.

[2] The 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] 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] 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.”