R. v. Marthinus

R. v. Marthinus

Custodial sentence is required for the impaired driving causing bodily harm conviction to meet objectives of denunciation and general deterrence; six months' imprisonment on Count 2 is fit. A consecutive six‑month conditional sentence on Count 4 is fit given the distinct interest protected by that offence and the offender's mitigating circumstances (guilty plea, remorse, lack of record, health issues), balanced against the need for deterrence and denunciation. Ancillary orders of one year probation, five‑year driving prohibition, victim surcharge and DNA sample are appropriate.

Citation
2016 BCSC 1019
Parties
Crown: Regina; Accused: Jan Marthinus
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 May 2016
Procedural Posture
Criminal: Impaired Driving Causing Bodily Harm and Failing to Stop at Scene (hit and Run) / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to six months' imprisonment on Count 2 (impaired driving causing bodily harm); a further six months to be served in the community as a conditional sentence on Count 4 (failing to stop), consecutive to Count 2; followed by one year probation; five‑year driving prohibition; $200 victim surcharge; DNA...
Legal Topics
Impaired Driving Causing Bodily Harm, Failure to Stop/leave Scene, General Deterrence and Denunciation, Conditional Sentence, Probation, Driving Prohibition, Victim Impact
Source Language
English
Criminal Law Sentencing Motor Vehicle Offences Personal Injury Impaired Driving Causing Bodily Harm Failure to Stop/leave Scene General Deterrence and Denunciation Conditional Sentence +3 more

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Parties

Regina

Crown

Jan Marthinus

Accused

Procedural Posture

Criminal: Impaired Driving Causing Bodily Harm and Failing to Stop at Scene (hit and Run) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for impaired driving causing bodily harm (s.255(2))
  2. 2 Appropriate sentence for failing to stop at scene knowing bodily harm resulted (s.252(1.2))
  3. 3 Whether sentences should be consecutive or concurrent given different protected interests

Ratio Decidendi

Custodial sentence is required for the impaired driving causing bodily harm conviction to meet objectives of denunciation and general deterrence; six months' imprisonment on Count 2 is fit. A consecutive six‑month conditional sentence on Count 4 is fit given the distinct interest protected by that offence and the offender's mitigating circumstances (guilty plea, remorse, lack of record, health issues), balanced against the need for deterrence and denunciation. Ancillary orders of one year probation, five‑year driving prohibition, victim surcharge and DNA sample are appropriate.

Court Disposition

Accused sentenced to six months' imprisonment on Count 2 (impaired driving causing bodily harm); a further six months to be served in the community as a conditional sentence on Count 4 (failing to stop), consecutive to Count 2; followed by one year probation; five‑year driving prohibition; $200 victim surcharge; DNA...

Orders

  • Six months' imprisonment on Count 2 (impaired driving causing bodily harm)
  • Six months conditional sentence on Count 4 (failing to stop), to be served in the community, consecutive to Count 2