R. v. Combes

R. v. Combes

Offender sentenced to a five‑year term for criminal negligence causing death reduced by two‑for‑one pre‑sentence custody credit (31 months credit) resulting in an effective 29‑month custodial term for that offence, plus a consecutive 12‑month term for failing to remain at the scene, producing a global custodial term...

Source-derived case information.

Citation
2009 BCSC 539
Parties
Crown: Regina; Accused: Jason Arthur Combes
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 April 2009
Procedural Posture
Criminal Sentencing After Conviction / Oral Reasons for Sentence; Sentence Imposed
Outcome
Sentence imposed following conviction: custodial terms for criminal negligence causing death and failing to remain; ancillary driving prohibition and DNA order granted.
Legal Topics
Criminal Negligence Causing Death, Failing to Stop and Render Assistance, Driving Prohibition, DNA Databank Order, Pre‑sentence Custody Credit, Totality Principle, Gladue Considerations
Source Language
english
Criminal Law Sentencing Aboriginal Offenders Motor Vehicle Law Criminal Negligence Causing Death Failing to Stop and Render Assistance Driving Prohibition DNA Databank Order +3 more

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Parties

Regina

Crown

Jason Arthur Combes

Accused

Procedural Posture

Criminal Sentencing After Conviction / Oral Reasons for Sentence; Sentence Imposed

Legal Issues

  1. 1 Appropriate global sentence for criminal negligence causing death and failing to remain at the scene
  2. 2 Whether sentences should be concurrent or consecutive
  3. 3 Application of Gladue considerations for an aboriginal offender

Ratio Decidendi

Offender sentenced to a five‑year term for criminal negligence causing death reduced by two‑for‑one pre‑sentence custody credit (31 months credit) resulting in an effective 29‑month custodial term for that offence, plus a consecutive 12‑month term for failing to remain at the scene, producing a global custodial term of 41 months; driving prohibition of 12 years and DNA order under s.487.051 were imposed; Gladue factors considered but denunciation, deterrence and public protection predominated due to high culpability and prior record.

Court Disposition

Sentence imposed following conviction: custodial terms for criminal negligence causing death and failing to remain; ancillary driving prohibition and DNA order granted.

Orders

  • 29 months imprisonment on conviction for criminal negligence causing death (s.220(b)) after credit for pre‑sentence custody
  • 12 months imprisonment consecutive for failing to remain at the scene (s.252(1)(b))