R v Boudreau

R v Boudreau

Given the offence under s.255(2.1) with serious but non-life-altering injuries, an elevated BAC (determined by retrograde extrapolation to 200-223 mg/100ml), the offender's youth, lack of prior record and strong rehabilitative prospects, a fit and proportionate sentence is a $2000 fine, 24 months probation with rehabilitative conditions (including 100 hours community service and substance assessment) and a 24-month driving prohibition; custodial sentences and conditional sentences were neither required nor appropriate in the circumstances and some alternatives would be illegal under the Code.

Citation
2019 NSPC 69
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Kyle Boudreau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 November 2019
Procedural Posture
Criminal Impaired Driving Causing Bodily Harm (s.255(2.1) Criminal Code) / Sentencing
Outcome
Fine of $2000; probation for 24 months; driving prohibition for 24 months.
Legal Topics
Impaired Driving, Bodily Harm, Driving Prohibition, Fine, Probation, Retrograde Extrapolation, Mandatory Minimum Fine
Source Language
English
Criminal Law Sentencing Road Traffic Law Impaired Driving Bodily Harm Driving Prohibition Fine Probation +2 more

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Parties

Her Majesty the Queen

Crown/prosecution

Kyle Boudreau

Accused/defendant

Procedural Posture

Criminal Impaired Driving Causing Bodily Harm (s.255(2.1) Criminal Code) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offence under s.255(2.1) Criminal Code causing bodily harm
  2. 2 Application and effect of mandatory minimum fine provisions under s.255 and s.255(3.3)
  3. 3 Whether less-restrictive sanctions (fine/probation) are sufficient given high BAC and serious injuries

Ratio Decidendi

Given the offence under s.255(2.1) with serious but non-life-altering injuries, an elevated BAC (determined by retrograde extrapolation to 200-223 mg/100ml), the offender's youth, lack of prior record and strong rehabilitative prospects, a fit and proportionate sentence is a $2000 fine, 24 months probation with rehabilitative conditions (including 100 hours community service and substance assessment) and a 24-month driving prohibition; custodial sentences and conditional sentences were neither required nor appropriate in the circumstances and some alternatives would be illegal under the Code.

Court Disposition

Fine of $2000; probation for 24 months; driving prohibition for 24 months.

Orders

  • Fine of $2000 payable by 03 December 2020 (no victim surcharge payable due to R v Boudreault, 2018 SCC 58)
  • Driving prohibition for 24 months commencing immediately