R. v. Dan

R. v. Dan

The court accepted the joint submission as a fit and appropriate sentence because it appropriately balanced the objectives of denunciation and deterrence with the offender's Gladue factors, remorse, youth, lack of record and rehabilitation efforts; imposed two years less a day custody on Count 1, 30 days concurrent on Count 4, 12 months probation with specific conditions, a three-year driving prohibition, and waived the victim fine surcharge due to undue hardship and timing of legislative changes.

Citation
2017 BCSC 2438
Parties
Crown: Regina; Accused: Cody Robert Francis Dan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 October 2017
Procedural Posture
Criminal Impaired Driving Causing Death; Taking a Motor Vehicle Without Consent / Sentencing (oral Reasons for Sentence)
Outcome
Guilty pleas accepted; sentence imposed
Legal Topics
Impaired Driving Causing Death, Taking Motor Vehicle Without Consent, Gladue Report and Sentencing of Aboriginal Offenders, Joint Submission on Sentence, Victim Fine Surcharge Waiver, Driving Prohibition
Source Language
English
Criminal Law Sentencing Indigenous/gladue Considerations Road Safety Law Impaired Driving Causing Death Taking Motor Vehicle Without Consent Gladue Report and Sentencing of Aboriginal Offenders Joint Submission on Sentence +2 more

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Parties

Regina

Crown

Cody Robert Francis Dan

Accused

Procedural Posture

Criminal Impaired Driving Causing Death; Taking a Motor Vehicle Without Consent / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 What is the fit sentence for impaired driving causing death given offender's Aboriginal background and mitigating factors?
  2. 2 Whether the court should accept the joint submission on sentence
  3. 3 Whether victim fine surcharge should be imposed or waived

Ratio Decidendi

The court accepted the joint submission as a fit and appropriate sentence because it appropriately balanced the objectives of denunciation and deterrence with the offender's Gladue factors, remorse, youth, lack of record and rehabilitation efforts; imposed two years less a day custody on Count 1, 30 days concurrent on Count 4, 12 months probation with specific conditions, a three-year driving prohibition, and waived the victim fine surcharge due to undue hardship and timing of legislative changes.

Court Disposition

Guilty pleas accepted; sentence imposed

Orders

  • Count 1: two years less a day custody (incarceration)
  • Count 4: 30 days jail concurrent with Count 1