R. v. Wengenmayr

R. v. Wengenmayr

An 18‑month custodial sentence (with a concurrent one‑year term for bodily harm), followed by two years probation and a two‑year driving prohibition, was fit because the offender was young, had no criminal record, had a moderate blood alcohol reading (114–138 mg/100ml), was only five km/h over the limit, there was some contributory fault by the pedestrian, and the sentence needed to reflect denunciation and general deterrence; a DNA order was discretionary and not made and the victim fine surcharge was waived.

Citation
2013 BCSC 641
Parties
Crown: Regina; Accused: Cody Richard Wengenmayr
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 January 2013
Procedural Posture
Criminal Impaired Driving Causing Death / Sentencing Hearing (post Conviction)
Outcome
Accused convicted and sentenced: 18 months imprisonment for impaired driving causing death; concurrent 12 months for impaired driving causing bodily harm; followed by two years probation; two year driving prohibition; DNA order not made; victim fine surcharge waived.
Legal Topics
Impaired Driving Causing Death, Impaired Driving Causing Bodily Harm, Sentencing Principles, Denunciation, General Deterrence, Kienapple Principle, DNA Orders, Victim Fine Surcharge
Source Language
English
Criminal Law Traffic Law Sentencing Impaired Driving Causing Death Impaired Driving Causing Bodily Harm Sentencing Principles Denunciation General Deterrence +3 more

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Parties

Regina

Crown

Cody Richard Wengenmayr

Accused

Procedural Posture

Criminal Impaired Driving Causing Death / Sentencing Hearing (post Conviction)

Legal Issues

  1. 1 Appropriate custodial sentence for impaired driving causing death
  2. 2 Assessment of aggravating and mitigating factors
  3. 3 Availability of conditional sentence for serious personal injury offences

Ratio Decidendi

An 18‑month custodial sentence (with a concurrent one‑year term for bodily harm), followed by two years probation and a two‑year driving prohibition, was fit because the offender was young, had no criminal record, had a moderate blood alcohol reading (114–138 mg/100ml), was only five km/h over the limit, there was some contributory fault by the pedestrian, and the sentence needed to reflect denunciation and general deterrence; a DNA order was discretionary and not made and the victim fine surcharge was waived.

Court Disposition

Accused convicted and sentenced: 18 months imprisonment for impaired driving causing death; concurrent 12 months for impaired driving causing bodily harm; followed by two years probation; two year driving prohibition; DNA order not made; victim fine surcharge waived.

Orders

  • 18 months imprisonment for impaired driving causing death to be served in custody
  • One year imprisonment for impaired driving causing bodily harm to be served concurrently