R. v. Thompson

R. v. Thompson

Because the accused's moral culpability was high given multiple drinking episodes, very high blood alcohol readings, prolonged and dangerous driving while pursuing drugs, prior alcohol/driving convictions, and serious injuries to multiple children, the court imposed a significant period of incarceration (12 months, after credit) to satisfy denunciation and deterrence; a three‑year driving prohibition was ordered; a suspended sentence with one year probation was imposed for the threatening offence; and a DNA order was refused after balancing s.487.05(3) factors because of the accused's cooperation and the court's view that his behaviour did not engage the registry's public safety rationale.

Citation
2011 BCSC 1886
Parties
Crown: Regina; Accused: John Darren Thompson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 June 2011
Procedural Posture
Criminal Sentencing / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted on guilty pleas and sentenced: concurrent custody terms imposed (see orders); driver's licence prohibition imposed; DNA order declined; probation suspended for threatening offence.
Legal Topics
Impaired Driving Causing Bodily Harm, Care or Control Causing Bodily Harm, Breach of Undertaking, Threatening, DNA Order, Driving Prohibition, Credit for Time Served
Source Language
English
Criminal Law Sentencing Road Traffic Offences Impaired Driving Causing Bodily Harm Care or Control Causing Bodily Harm Breach of Undertaking Threatening DNA Order +2 more

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Parties

Regina

Crown

John Darren Thompson

Accused

Procedural Posture

Criminal Sentencing / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate custodial sentence for multiple impaired driving / care or control causing bodily harm offences
  2. 2 Whether a DNA order should be made under designated offence provisions
  3. 3 Appropriate disposition for related threatening offence (suspended sentence and probation)

Ratio Decidendi

Because the accused's moral culpability was high given multiple drinking episodes, very high blood alcohol readings, prolonged and dangerous driving while pursuing drugs, prior alcohol/driving convictions, and serious injuries to multiple children, the court imposed a significant period of incarceration (12 months, after credit) to satisfy denunciation and deterrence; a three‑year driving prohibition was ordered; a suspended sentence with one year probation was imposed for the threatening offence; and a DNA order was refused after balancing s.487.05(3) factors because of the accused's cooperation and the court's view that his behaviour did not engage the registry's public safety rationale.

Court Disposition

Accused convicted on guilty pleas and sentenced: concurrent custody terms imposed (see orders); driver's licence prohibition imposed; DNA order declined; probation suspended for threatening offence.

Orders

  • Sentence of 12 months imprisonment on Counts 1, 4, 5 and 8, those sentences to run concurrently (credit for 87 days pre‑sentence custody applied)
  • Sentence of 30 days imprisonment on Count 11, to be concurrent with the other sentences