R. v. Gray

R. v. Gray

Judge found deliberate, intentional risk-taking and significant, life-altering harm; aggravating factors (intent for retribution and intentional dangerous driving) outweighed mitigation; conditional sentence unavailable by statute; suspended sentence and probation would not satisfy denunciation and general deterrence; accordingly imposed custodial sentence of 9 months for dangerous driving plus 3 months consecutive for leaving scene (global 12 months), 24 months probation with specified conditions, 4-year driving prohibition added to custodial term, refused DNA and weapons orders, waived victim surcharge.

Citation
2011 BCSC 1834
Parties
Crown: Regina; Accused: Robert Kalen Gray
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 June 2011
Procedural Posture
Criminal Dangerous Driving Causing Bodily Harm; Failing to Stop/leave Scene / Sentencing Hearing / Judgment
Outcome
Guilty pleas accepted; sentenced to custody and probation with ancillary orders.
Legal Topics
Dangerous Driving Causing Bodily Harm, Leaving the Scene of an Accident, Probation, Driving Prohibition, Conditional Sentence Ineligibility, Victim Surcharge
Source Language
English
Criminal Law Sentencing Motor Vehicle Offences Dangerous Driving Causing Bodily Harm Leaving the Scene of an Accident Probation Driving Prohibition Conditional Sentence Ineligibility +1 more

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Parties

Regina

Crown

Robert Kalen Gray

Accused

Procedural Posture

Criminal Dangerous Driving Causing Bodily Harm; Failing to Stop/leave Scene / Sentencing Hearing / Judgment

Legal Issues

  1. 1 Appropriate custodial sentence for dangerous driving causing bodily harm
  2. 2 Whether leaving the scene aggravates sentence and should be consecutive
  3. 3 Whether conditional sentence or suspended sentence/probation appropriate given 2007 Code amendments

Ratio Decidendi

Judge found deliberate, intentional risk-taking and significant, life-altering harm; aggravating factors (intent for retribution and intentional dangerous driving) outweighed mitigation; conditional sentence unavailable by statute; suspended sentence and probation would not satisfy denunciation and general deterrence; accordingly imposed custodial sentence of 9 months for dangerous driving plus 3 months consecutive for leaving scene (global 12 months), 24 months probation with specified conditions, 4-year driving prohibition added to custodial term, refused DNA and weapons orders, waived victim surcharge.

Court Disposition

Guilty pleas accepted; sentenced to custody and probation with ancillary orders.

Orders

  • Custodial sentence: 9 months for dangerous driving causing bodily harm (s.249(3) Code)
  • Custodial sentence: 3 months for failing to stop/offer assistance (s.252(1.2) Code), to be served consecutively; global custody 12 months