R. v. Tanner

R. v. Tanner

The court sentenced the offender to two years less a day custody, followed by 12 months probation with strict conditions, imposed a five‑year driving prohibition, ordered DNA collection and imposed a $200 victim surcharge; the sentence balanced the need for denunciation and general deterrence with mitigating factors...

Source-derived case information.

Citation
2018 BCSC 583
Parties
Crown: Regina; Accused: Kody William Tanner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2018
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Convicted and sentenced to two years less a day custody; 12 months probation with specified conditions; five‑year driving prohibition; DNA order; $200 victim surcharge; Crown directed stays on Count 1 and Count 3.
Legal Topics
Impaired Driving Causing Death, Sentencing Range (lacasse), Denunciation and Deterrence, Youth Mitigation and Rehabilitation, DNA Order, Driving Prohibition, Victim Surcharge
Source Language
english
Criminal Law Impaired Driving Sentencing Vehicular Homicide Road Safety Impaired Driving Causing Death Sentencing Range (lacasse) Denunciation and Deterrence +4 more

Source-derived case record

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Parties

Regina

Crown

Kody William Tanner

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate sentence within Lacasse range for impaired driving causing death
  2. 2 Weight to be given to denunciation and general deterrence
  3. 3 Mitigating significance of youth, guilty plea, remorse and lack of record

Ratio Decidendi

The court sentenced the offender to two years less a day custody, followed by 12 months probation with strict conditions, imposed a five‑year driving prohibition, ordered DNA collection and imposed a $200 victim surcharge; the sentence balanced the need for denunciation and general deterrence with mitigating factors (youth, guilty plea, remorse, lack of record and rehabilitation prospects) against serious aggravating conduct (reckless high‑speed passing, licence breaches) that caused death.

Court Disposition

Convicted and sentenced to two years less a day custody; 12 months probation with specified conditions; five‑year driving prohibition; DNA order; $200 victim surcharge; Crown directed stays on Count 1 and Count 3.

Orders

  • Imprisonment: two years less a day
  • Probation: 12 months with conditions including keep the peace and be of good behaviour; report to probation; no alcohol or drugs except by prescription; residence restriction for first six months with limited exceptions; reporting requirements