R. v. Healey

R. v. Healey

Given the offender's very high estimated blood-alcohol concentration at the time of driving, his prior related impaired-driving convictions, the prolonged and dangerous driving preceding the collision, and the high moral blameworthiness of causing a death, a four-year federal custodial sentence is appropriate despite mitigation from an early guilty plea and the offender's age and frailty; ancillary orders for forensic DNA and a ten-year driving prohibition were also warranted under the Criminal Code and Motor Vehicle Act.

Citation
2014 BCSC 1645
Parties
Crown: Regina; Accused: Kenneth Richard Healey
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 June 2014
Procedural Posture
Criminal (impaired Driving Causing Death) / Sentencing (oral Reasons)
Outcome
Guilty plea accepted; sentence of four years' imprisonment imposed.
Legal Topics
Impaired Driving Causing Death, Sentencing Principles, Aggravating and Mitigating Factors, Driving Prohibition, Forensic DNA Order
Source Language
English
Criminal Law Road Traffic Law Sentencing Law Impaired Driving Causing Death Sentencing Principles Aggravating and Mitigating Factors Driving Prohibition Forensic DNA Order

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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Crown

Kenneth Richard Healey

Accused

Procedural Posture

Criminal (impaired Driving Causing Death) / Sentencing (oral Reasons)

Legal Issues

  1. 1 Appropriate period of imprisonment for impaired driving causing death
  2. 2 Weight to be given to guilty plea and mitigation
  3. 3 Impact of prior related convictions and high blood-alcohol concentration on sentence

Ratio Decidendi

Given the offender's very high estimated blood-alcohol concentration at the time of driving, his prior related impaired-driving convictions, the prolonged and dangerous driving preceding the collision, and the high moral blameworthiness of causing a death, a four-year federal custodial sentence is appropriate despite mitigation from an early guilty plea and the offender's age and frailty; ancillary orders for forensic DNA and a ten-year driving prohibition were also warranted under the Criminal Code and Motor Vehicle Act.

Court Disposition

Guilty plea accepted; sentence of four years' imprisonment imposed.

Orders

  • Four years' imprisonment
  • Forensic DNA order pursuant to Criminal Code s. 487.05 (samples of bodily substances to be taken)