R. v. Morgan

R. v. Morgan

Balancing the significant aggravating factors—prolonged (approx.10 km/3–4 minute) reckless driving including racing, weaving, tailgating, high speeds on a busy highway, and an extensive MVA record—against mitigating factors including guilty plea, demonstrable remorse and Gladue material, the appropriate sentence...

Source-derived case information.

Citation
2020 BCSC 1397
Parties
Crown: Regina; Accused: Louis Morgan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 June 2020
Procedural Posture
Criminal Dangerous Driving Causing Death / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to imprisonment of two years less a day, followed by three years probation; driving prohibition for period of imprisonment plus five years thereafter; forfeiture order of seized items to be drafted by Crown; DNA order declined.
Legal Topics
Dangerous Driving Causing Death, Gladue Factors, Probation, Driving Prohibition, Ancillary Orders (forfeiture, Dna)
Source Language
english
Criminal Law Sentencing Indigenous Sentencing Principles Traffic Offences Dangerous Driving Causing Death Gladue Factors Probation Driving Prohibition +1 more

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Parties

Regina

Crown

Louis Morgan

Accused

Procedural Posture

Criminal Dangerous Driving Causing Death / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate quantum of sentence for dangerous driving causing death
  2. 2 Application and weight of Gladue factors for an Aboriginal offender
  3. 3 Assessment of aggravating and mitigating factors including prolonged reckless driving, racing, prior driving record, alcohol evidence

Ratio Decidendi

Balancing the significant aggravating factors—prolonged (approx.10 km/3–4 minute) reckless driving including racing, weaving, tailgating, high speeds on a busy highway, and an extensive MVA record—against mitigating factors including guilty plea, demonstrable remorse and Gladue material, the appropriate sentence that gives primacy to denunciation and general deterrence while accounting for Aboriginal background is two years less a day imprisonment, followed by three years probation with specified conditions, and a driving prohibition for the period of imprisonment plus five years thereafter; forfeiture of seized items to be ordered and DNA not required.

Court Disposition

Accused sentenced to imprisonment of two years less a day, followed by three years probation; driving prohibition for period of imprisonment plus five years thereafter; forfeiture order of seized items to be drafted by Crown; DNA order declined.

Orders

  • Imprisonment: two years less a day.
  • Probation: three years following release with conditions to keep the peace, appear when required, notify of changes of name/address/employment, report to probation officer within 72 hours and as directed, provide residence and phone number, and attend/complete treatment programs including culturally appropriate...