Court File and Parties
Court File No. 3811-998-16-6887
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
JAYME SYRING
R E A S O N S F O R S E N T E N C E
BEFORE THE HONOURABLE JUSTICE M. FUERST
on December 15, 2017, at BARRIE, Ontario
APPEARANCES:
I. Kandola Counsel for the Crown
L. Saunders Counsel for the Crown
C. Zeeh Counsel for Jayme Syring
A. Craig Counsel for Jayme Syring
R E A S O N S F O R S E N T E N C E
FUERST, J. (Orally):
Mr. Syring pleaded guilty to four counts of impaired care or control causing bodily harm, and one count of failing to stop at the scene of an accident. Crown and defence counsel agree that a penitentiary sentence must be imposed, but differ as to its length.
The Circumstances of the Offences
Emergency personnel went to the scene of a single vehicle rollover around six o’clock p.m. on November 9th, 2016. Witnesses reported having seen the male driver extricate children from the vehicle, then flee on foot.
Emergency personnel treated the four occupants of the vehicle, who were Mr. Syring's common-law spouse and her three children. The children had not been properly secured in the car.
Meanwhile, the police found Mr. Syring a short distance away. He was arrested. Officers noticed that he had glassy, bloodshot eyes, his speech was slurred, and there was an odour of alcohol from his breath.
Mr. Syring was taken to a police station, where samples of his breath yielded readings of 120 milligrams of alcohol per 100 millilitres of blood.
Mr. Syring’s common-law spouse and her children were taken to the hospital. His common-law spouse had a fractured foot and lacerations. Her seven year old daughter had a broken nose and lacerations, her six year old daughter a broken clavicle and lacerations, and her three year old daughter cuts and scrapes.
The injuries of all four victims healed uneventfully.
The Circumstances of Mr. Syring
Mr. Syring is 26 years old. He has a grade seven education. He was raised by his mother in an unstable environment. He suffered from parental neglect. He ultimately was removed from his mother's home by the Children's Aid Society, because of his uncontrollable behaviour and habitual truancy. He spent time in different foster homes.
Mr. Syring was in and out of youth custody for a variety of criminal offences. He has an adult criminal record for crimes including robbery, forcible confinement, assault with a weapon, and luring.
Mr. Syring has five children, including one stepchild. His children were taken from him shortly before he committed these offences. He worked sporadically as a manual labourer, but was unemployed at the time of the offences. He has a history of alcohol abuse and use of illegal drugs.
Mr. Syring has been diagnosed with unspecified psychotic disorder, attention deficit hyperactivity disorder, fetal alcohol spectrum disorder, cannabis use disorder, and antisocial disorder.
Mr. Syring acknowledged to the pre-sentence reporter that he needs to address his addiction and mental health issues.
Mr. Syring has 77 actual days in custody that could be attributed to these offences.
The Positions of the Parties
On behalf of the Crown, Mr. Kandola seeks a penitentiary sentence of two years and six months, less pre-sentence custody of 77 days credited at 1.5:1, plus a three year driving prohibition and a DNA order. He emphasizes that Mr. Syring’s driving behaviour resulted in injuries to four members of a family, and that he abandoned them at the scene to try to save himself from arrest. The sentence must deter, both generally and specifically.
On behalf of Mr. Syring, Ms. Craig submits that the range of sentence is 12 months to 3 years in jail. She seeks a jail sentence of 2 years and 4 months, less 77 days credited on a 1.5:1 basis as 4 months. She agrees that the driving prohibition should be three years, and does not oppose a DNA order. She points out that there is a gap of about five years in Mr. Syring’s criminal record, that he wants to avail himself of programs in the penitentiary, and that he has taken advantage of every program available to him at the Correctional Centre while awaiting sentencing.
Analysis and Conclusion
Regrettably, drinking and driving continues to be a problem in Canadian society, despite much publicity about the carnage it causes. Denunciation and deterrence remain the most important objectives of sentencing in cases of drinking and driving, particularly those involving bodily harm or death: see R. v. Lacasse, 2015 SCC 64.
Mr. Syring’s conduct in leaving four injured passengers at the scene of the rollover was cowardly and selfish. This is even more so given that the victims were his common-law spouse and her three young children. He did nothing to summon help for them, although there was no doubt they needed emergency assistance. Instead, he chose to flee to try to protect himself from apprehension by the police.
Mr. Syring’s lengthy and serious criminal record is another aggravating factor. Further, he has a substance abuse problem that he has yet to address. His criminality is directly related to that problem. Absent some form of treatment, it makes him a candidate for reoffence.
In mitigation, he pleaded guilty, which is a sign of remorse and acceptance of responsibility for his actions. Since his arrest, he has come to recognize that he has a substance abuse problem that requires treatment, and he has taken some initial steps in that direction. The gap in his criminal record indicates that he is capable of staying out of trouble if he stays away from alcohol and drugs.
Weighing the aggravating and mitigating factors, I conclude that a sentence beyond the minimum penitentiary term is warranted in light of the gravity of the offences.
Mr. Syring, please stand. On count one I sentence you to two years and six months in jail, less four months for pre-sentencing custody calculated at 1.5:1. That leaves a sentence to be served of two years and two months in the penitentiary.
I impose a concurrent sentence of two years and two months in jail on each of counts three, four, five, and six.
There will be a driving prohibition order for three years, plus the term of imprisonment, and also a DNA order on each of counts one, three, four, five, and six.
You may be seated.
Is there anything that needs to be clarified, Mr. Zeeh, Ms. Saunders?
MR. ZEEH: No, there’s not.
MS. SAUNDERS: No, Your Honour. Thank you.
THE COURT: So I will endorse the indictment if you give me a moment. And the other counts?
MS. SAUNDERS: To be marked withdrawn, please.
THE COURT: I am endorsing the indictment that Mr. Syring is sentenced on count one to two years and six months in the penitentiary, less pre-trial custody calculated at 1.5:1 as four months, leaving a sentence to be served of two years and two months. There is a concurrent sentence of two years and two months in jail on each of counts three, four, five, and six. A DNA order and a three-year driving prohibition order are imposed on counts one, three, four, five, and six. All other counts withdrawn at the request of the Crown.
MS. SAUNDERS: Thank you, Your Honour.