R. v. McCook

R. v. McCook

Imprisonment was required for denunciation and deterrence given the seriousness of impaired driving causing bodily harm, the accused's significant prior record including prior similar convictions and breaches, aggravating facts (unsafe vehicle, taking passengers, breach of recognizances), limited mitigating weight of Gladue factors and the statutory minimum; resulting sentence: 180 days custody (with 77 days credit), 18 months probation with restorative program and community work, 30 month driving prohibition and DNA order.

Citation
2016 BCSC 683
Parties
Crown: Regina; Accused: Shawn McCook
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 March 2016
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Impaired Driving Causing Bodily Harm, Dangerous Driving Causing Bodily Harm, Breach of Recognizance, Sentencing, Aboriginal (gladue) Factors
Source Language
English
Criminal Law Impaired Driving Causing Bodily Harm Dangerous Driving Causing Bodily Harm Breach of Recognizance Sentencing Aboriginal (gladue) Factors

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Parties

Regina

Crown

Shawn McCook

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for impaired driving causing bodily harm and dangerous driving causing bodily harm
  2. 2 Application of mandatory minimum under s.255(1)(a)(iii) for third offence
  3. 3 Application of Gladue/section 718.2(e) factors to an Aboriginal offender

Ratio Decidendi

Imprisonment was required for denunciation and deterrence given the seriousness of impaired driving causing bodily harm, the accused's significant prior record including prior similar convictions and breaches, aggravating facts (unsafe vehicle, taking passengers, breach of recognizances), limited mitigating weight of Gladue factors and the statutory minimum; resulting sentence: 180 days custody (with 77 days credit), 18 months probation with restorative program and community work, 30 month driving prohibition and DNA order.

Court Disposition

Convicted and sentenced

Orders

  • Imprisonment 180 days less 77 days time served; allocation: Count 1 120 days (34 days dead time), Count 2 50 days (33 days dead time), Count 4 5 days, Count 5 5 days; remaining 103 days to be served consecutively
  • Probation 18 months with conditions including participation in Khutsezi k' e' Restoration Justice Program and at least 80 hours community work with children and young adults and other terms as directed by probation officer