R. v. Hainsworth

R. v. Hainsworth

Given the extreme aggravating factors (gross drug impairment while driving, unprovoked entry into oncoming traffic with no evasive action, profound and lasting harm to victims, and the offender's extensive narcotics and driving record), a significant custodial sentence is required for denunciation and deterrence. The Crown's recommended sentence of five years on Count 1 with three years concurrent on Count 2 is proportionate; the late guilty plea only warrants a limited discount and 398 days of pretrial custody are to be deducted from the imposed sentence. Ancillary orders (10‑year driving prohibition post‑release, lifetime weapons prohibition under s.109, DNA order, and no contact under...

Citation
2024 BCSC 2332
Parties
Crown: Rex (Crown); Offender: Belinda Mary Hainsworth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 November 2024
Procedural Posture
Criminal Impaired Driving Causing Death and Bodily Harm / Sentencing Hearing / Oral Reasons
Outcome
Guilty plea accepted; custodial sentence imposed at sentencing hearing
Legal Topics
Sentencing Principles, Denunciation and Deterrence, Rehabilitation, Guilty Plea Credit, Pretrial Custody Credit, Contact and Weapons Prohibitions
Source Language
English
Criminal Law Road Safety / Impaired Driving Sentencing Sentencing Principles Denunciation and Deterrence Rehabilitation Guilty Plea Credit Pretrial Custody Credit +1 more

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Parties

Rex (Crown)

Crown

Belinda Mary Hainsworth

Offender

Procedural Posture

Criminal Impaired Driving Causing Death and Bodily Harm / Sentencing Hearing / Oral Reasons

Legal Issues

  1. 1 Appropriate custodial sentence for impaired driving causing death and bodily harm
  2. 2 Extent of mitigation credit for guilty plea and personal circumstances
  3. 3 Credit for pretrial custody

Ratio Decidendi

Given the extreme aggravating factors (gross drug impairment while driving, unprovoked entry into oncoming traffic with no evasive action, profound and lasting harm to victims, and the offender's extensive narcotics and driving record), a significant custodial sentence is required for denunciation and deterrence. The Crown's recommended sentence of five years on Count 1 with three years concurrent on Count 2 is proportionate; the late guilty plea only warrants a limited discount and 398 days of pretrial custody are to be deducted from the imposed sentence. Ancillary orders (10‑year driving prohibition post‑release, lifetime weapons prohibition under s.109, DNA order, and no contact under...

Court Disposition

Guilty plea accepted; custodial sentence imposed at sentencing hearing

Orders

  • Impose five year penitentiary sentence on Count 1 (impaired driving causing death)
  • Impose three year penitentiary sentence on Count 2 (impaired driving causing bodily harm) to be served concurrently with Count 1