R. v. Sullivan

R. v. Sullivan

The offender committed a brief but objectively dangerous lapse of driving that resulted in serious injuries; balancing aggravating factors (speed, reaction and serious injuries) against mitigation (guilty pleas, genuine remorse, good character, no criminal record, absence of alcohol, limited duration of dangerous conduct) and principle of proportionality, the appropriate sentence is 90 days custody on each count concurrent served intermittently, two years probation with standard and restorative conditions, a five year driving prohibition, and refusal to order DNA because Crown did not prove it was in the best interests of the administration of justice.

Citation
2015 NSPC 40
Parties
Crown: Her Majesty the Queen; Defendant: Dennis Christopher Sullivan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 June 2015
Procedural Posture
Criminal Dangerous Driving Causing Bodily Harm / Sentencing Decision
Outcome
Convicted on two counts of dangerous driving causing bodily harm; sentenced to 90 days custody concurrent to be served intermittently, two years probation, five year driving prohibition; DNA order refused.
Legal Topics
Dangerous Driving Causing Bodily Harm, Sentencing, DNA Order, Driving Prohibition, Probation
Source Language
English
Criminal Law Road Traffic Offences Dangerous Driving Causing Bodily Harm Sentencing DNA Order Driving Prohibition Probation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 26 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Dennis Christopher Sullivan

Defendant

Procedural Posture

Criminal Dangerous Driving Causing Bodily Harm / Sentencing Decision

Legal Issues

  1. 1 What is a fit sentence for two counts of dangerous driving causing bodily harm?
  2. 2 Whether a DNA order should be made for a secondary designated offence.
  3. 3 Appropriate length of driving prohibition and probation.

Ratio Decidendi

The offender committed a brief but objectively dangerous lapse of driving that resulted in serious injuries; balancing aggravating factors (speed, reaction and serious injuries) against mitigation (guilty pleas, genuine remorse, good character, no criminal record, absence of alcohol, limited duration of dangerous conduct) and principle of proportionality, the appropriate sentence is 90 days custody on each count concurrent served intermittently, two years probation with standard and restorative conditions, a five year driving prohibition, and refusal to order DNA because Crown did not prove it was in the best interests of the administration of justice.

Court Disposition

Convicted on two counts of dangerous driving causing bodily harm; sentenced to 90 days custody concurrent to be served intermittently, two years probation, five year driving prohibition; DNA order refused.