R. v. Cardinal

R. v. Cardinal

Despite the offender's Aboriginal background and mitigating factors, the gravity of causing two deaths and two serious injuries while highly intoxicated and speeding required a custodial sentence; the court imposed two years less a day on Counts 1 and 2 and 18 months on Counts 3 and 4 to be served concurrently,...

Source-derived case information.

Citation
2015 BCSC 2536
Parties
Prosecution: Regina; Accused: Quinn Lawrence William Cardinal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 July 2015
Procedural Posture
Criminal Impaired Driving Causing Death and Bodily Harm / Sentencing, Oral Reasons for Sentence
Outcome
Accused convicted on Counts 1–4; sentenced to custody and probation; Counts 5–12 stayed.
Legal Topics
Driving While Impaired, Causation, Gladue Principles, Deterrence and Denunciation, Probation and Conditional Release, Driving Prohibition
Source Language
english
Criminal Law Sentencing Aboriginal Law Road Traffic/offences Driving While Impaired Causation Gladue Principles Deterrence and Denunciation +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Quinn Lawrence William Cardinal

Accused

Procedural Posture

Criminal Impaired Driving Causing Death and Bodily Harm / Sentencing, Oral Reasons for Sentence

Legal Issues

  1. 1 What is the fit sentence for impaired driving causing two deaths and two injuries?
  2. 2 How to apply Gladue/Ipeelee principles to an Aboriginal offender in a serious violent offence context
  3. 3 Whether a suspended/non-custodial sentence is appropriate given the offender's background and rehabilitation prospects

Ratio Decidendi

Despite the offender's Aboriginal background and mitigating factors, the gravity of causing two deaths and two serious injuries while highly intoxicated and speeding required a custodial sentence; the court imposed two years less a day on Counts 1 and 2 and 18 months on Counts 3 and 4 to be served concurrently, followed by a three-year probation order with detailed conditions and a three-year driving prohibition under s.259(2), and stayed Counts 5–12.

Court Disposition

Accused convicted on Counts 1–4; sentenced to custody and probation; Counts 5–12 stayed.

Orders

  • Two years less a day imprisonment on Counts 1 and 2, and 18 months imprisonment on Counts 3 and 4, all concurrent
  • Three years probation following imprisonment with conditions including keep the peace, report to probation upon release, abstain from alcohol and non-prescription drugs, submit to random testing, attend counselling including residential treatment and CBT, curfew 12:00 a.m. to 7:00 a.m. with standard emergency...