Court of Appeal for Ontario

Citation: R. v. Warren, 2016 ONCA 472

Date: 20160614

Docket: C58949

Judges: Feldman, Benotto and Miller JJ.A.

Between:

Her Majesty the Queen Respondent

and

Joseph Blair Warren Appellant

Counsel:

Joseph Blair Warren, in person Tracy Kozlowski, for the respondent

Heard and released orally: June 6, 2016

On appeal from the sentence imposed on March 10, 2014 by Justice Frederic Campling of the Ontario Court of Justice.

Appeal Book Endorsement

[1] The appellant pled guilty to impaired driving causing death and driving without an interlock device contrary to court order. Part of his sentence was a lifetime driving ban following 5 years in penitentiary. This was his third impaired driving conviction. Under s. 259(2)(a.1) of the Criminal Code of Canada, R.S.C. 1985, c. C-46, the trial judge has the discretion to impose any length of driving prohibition. The trial judge imposed a lifetime prohibition. He was aware this would affect the appellant’s employment prospects as he was a crane operator.

[2] There is no basis to interfere with this decision. We agree with it. It is necessary for the protection of the public and consistent with authority of this court: see R. v. Boukchev (2003), 2003 CanLII 26654 (ON CA), 177 O.A.C. 119; and R. v. Cowl, 2009 ONCA 347.

[3] The appeal against sentence is dismissed.