R. v. Charles

R. v. Charles

Given the gravity of the offence (two deaths), the offender's high degree of moral blameworthiness, his denial of responsibility and the polarization of his community which precluded viable restorative/community sanctions, a custodial sentence was required for denunciation and deterrence. The court imposed concurrent terms—three years for each impaired driving causing death count and two years for each dangerous driving causing death count—concurrent overall; ordered a 10-year driving prohibition and DNA sample; victim surcharge waived.

Citation
2009 BCSC 1928
Parties
Crown: Regina; Accused: Andrew Anthony Charles
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 November 2009
Procedural Posture
Criminal Impaired Driving and Dangerous Driving Causing Death / Sentencing (post Conviction)
Outcome
Convicted and sentenced to concurrent custodial terms: 3 years (Counts 1 and 2) and 2 years (Counts 3 and 4); 10-year driving prohibition; DNA order; victim surcharge waived.
Legal Topics
Impaired Driving Causing Death, Dangerous Driving Causing Death, Gladue Principles, Sentencing Principles, Denunciation and Deterrence, Ancillary Orders (driving Prohibition, Dna)
Source Language
English
Criminal Law Traffic Offences Sentencing Aboriginal (gladue) Law Impaired Driving Causing Death Dangerous Driving Causing Death Gladue Principles Sentencing Principles +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Andrew Anthony Charles

Accused

Procedural Posture

Criminal Impaired Driving and Dangerous Driving Causing Death / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate custodial sentence for impaired/dangerous driving causing death
  2. 2 Application of s.718.2(d)-(e) and Gladue principles for an Aboriginal offender
  3. 3 Assessment of moral blameworthiness and aggravating/mitigating factors

Ratio Decidendi

Given the gravity of the offence (two deaths), the offender's high degree of moral blameworthiness, his denial of responsibility and the polarization of his community which precluded viable restorative/community sanctions, a custodial sentence was required for denunciation and deterrence. The court imposed concurrent terms—three years for each impaired driving causing death count and two years for each dangerous driving causing death count—concurrent overall; ordered a 10-year driving prohibition and DNA sample; victim surcharge waived.

Court Disposition

Convicted and sentenced to concurrent custodial terms: 3 years (Counts 1 and 2) and 2 years (Counts 3 and 4); 10-year driving prohibition; DNA order; victim surcharge waived.

Orders

  • Sentence of 3 years imprisonment on Count 1 (operation while impaired causing death) to run concurrent with other counts
  • Sentence of 3 years imprisonment on Count 2 (impaired driving causing death) to run concurrent