R. v. Harry

R. v. Harry

Given the offender's markedly reduced moral blameworthiness due to systemic and personal Gladue factors, his genuine remorse and rehabilitation efforts, and the availability of probationary, restorative and community‑based measures (including a multi-year probation order, community service, treatment programming,...

Source-derived case information.

Citation
2018 BCSC 2069
Parties
Crown: Regina; Accused: Gary Travis Harry
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 November 2018
Procedural Posture
Criminal Dangerous Driving Causing Bodily Harm / Sentencing
Outcome
Passing of sentence suspended; offender placed on probation for three years.
Legal Topics
Dangerous Driving Causing Bodily Harm, Probation, Driving Prohibition, DNA Order, Victim Impact Statement, Gladue Factors, Restorative Justice
Source Language
english
Criminal Law Sentencing Indigenous Sentencing (gladue) Road Safety Dangerous Driving Causing Bodily Harm Probation Driving Prohibition DNA Order +3 more

Source-derived case record

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Parties

Regina

Crown

Gary Travis Harry

Accused

Procedural Posture

Criminal Dangerous Driving Causing Bodily Harm / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous driving causing bodily harm
  2. 2 Applicability of Gladue principles (s.718.2(e)) and reduced moral blameworthiness
  3. 3 Whether incarceration is required to achieve denunciation and deterrence

Ratio Decidendi

Given the offender's markedly reduced moral blameworthiness due to systemic and personal Gladue factors, his genuine remorse and rehabilitation efforts, and the availability of probationary, restorative and community‑based measures (including a multi-year probation order, community service, treatment programming, driving prohibition and a DNA order), a custodial sentence was not required to achieve denunciation, deterrence and public safety; the court suspended passing of sentence and imposed a three‑year probation order with specified conditions, a three‑year driving prohibition and a DNA order.

Court Disposition

Passing of sentence suspended; offender placed on probation for three years.

Orders

  • Passing of sentence suspended
  • Probation for three years with conditions: keep the peace and be of good behaviour