R. v. McGuiney

R. v. McGuiney

Given the aggravating factors (two prior impaired-driving convictions, lengthy Motor Vehicle Act suspensions, Class 7 licence with zero-tolerance, BAC well over 160 mg/100 mL, injury and death) and limited mitigation (early guilty plea and remorse), the appropriate sentence is four years' imprisonment; ancillary orders include a DNA sample under s.487.05, a driving prohibition of ten years plus any custodial term under s.259, and a mandatory $200 victim fine surcharge; a conditional sentence is not available.

Citation
2016 BCSC 1090
Parties
Crown: Regina; Accused: Christopher Clayton Scott McGuiney
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 May 2016
Procedural Posture
Criminal Impaired Driving Causing Death / Sentencing (oral Reasons for Sentence)
Outcome
Guilty plea accepted; sentence imposed: four years imprisonment; ancillary orders imposed as set out below; stays entered on other counts as directed.
Legal Topics
Impaired Driving Causing Death, Sentencing Principles, Aggravating and Mitigating Factors, Driving Prohibition, DNA Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Traffic/driving Offences Evidence (dna) Impaired Driving Causing Death Sentencing Principles Aggravating and Mitigating Factors Driving Prohibition +2 more

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Parties

Regina

Crown

Christopher Clayton Scott McGuiney

Accused

Procedural Posture

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

Legal Issues

  1. 1 What is the fit sentence for impaired driving causing death given prior DUI convictions and high BAC?
  2. 2 Application of s.255.1 as aggravating where BAC exceeded 160 mg per 100 mL
  3. 3 Whether a conditional sentence is available

Ratio Decidendi

Given the aggravating factors (two prior impaired-driving convictions, lengthy Motor Vehicle Act suspensions, Class 7 licence with zero-tolerance, BAC well over 160 mg/100 mL, injury and death) and limited mitigation (early guilty plea and remorse), the appropriate sentence is four years' imprisonment; ancillary orders include a DNA sample under s.487.05, a driving prohibition of ten years plus any custodial term under s.259, and a mandatory $200 victim fine surcharge; a conditional sentence is not available.

Court Disposition

Guilty plea accepted; sentence imposed: four years imprisonment; ancillary orders imposed as set out below; stays entered on other counts as directed.

Orders

  • Four years imprisonment
  • Driving prohibition for ten years plus any period of imprisonment pursuant to s.259(1)(c)