R. v. Clyne

R. v. Clyne

Because the offender was young, had completed a recognized treatment program, had maintained abstinence and complied with strict release conditions for 18 months, and because the risk of reoffending was assessed as reduced, a conditional sentence of two years less a day with strict monitoring and rehabilitative conditions was sufficient to satisfy sentencing principles of denunciation, deterrence, rehabilitation and public safety; incarceration was not necessary.

Citation
2009 BCSC 312
Parties
Crown: Regina; Accused: David Marcel Clyne
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 February 2009
Procedural Posture
Criminal Impaired Driving Causing Death / Sentencing (oral Reasons for Sentence)
Outcome
Sentence: Two years less one day to be served as a conditional sentence order in the community; followed by three years probation
Legal Topics
Impaired Driving Causing Death, Conditional Sentence, Deterrence and Denunciation, Probation, Electronic Monitoring, Driving Prohibition
Source Language
English
Criminal Law Sentencing Road Safety/impaired Driving Impaired Driving Causing Death Conditional Sentence Deterrence and Denunciation Probation Electronic Monitoring +1 more

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Parties

Regina

Crown

David Marcel Clyne

Accused

Procedural Posture

Criminal Impaired Driving Causing Death / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is the appropriate sentence for impaired driving causing death under s.255(3) of the Criminal Code?
  2. 2 Whether a conditional sentence (two years less a day) is appropriate given aggravating and mitigating factors
  3. 3 Assessment of public safety and risk of reoffending in imposing a community-based sentence

Ratio Decidendi

Because the offender was young, had completed a recognized treatment program, had maintained abstinence and complied with strict release conditions for 18 months, and because the risk of reoffending was assessed as reduced, a conditional sentence of two years less a day with strict monitoring and rehabilitative conditions was sufficient to satisfy sentencing principles of denunciation, deterrence, rehabilitation and public safety; incarceration was not necessary.

Court Disposition

Sentence: Two years less one day to be served as a conditional sentence order in the community; followed by three years probation

Orders

  • Sentence of two years less one day to be served in the community as a conditional sentence order
  • Electronic monitoring and strict residence requirement at 749 Bernard Avenue, Kelowna, BC