R. v. Howes
Given the appellant's cumulative misconduct — serious prior driving record, refusal to address severe drinking, use of false identity to flout a disqualification order, and leaving the scene to avoid liability — the consecutive sentences totaling seven years were fit and not excessive; therefore the appeal is...
Source-derived case information.
- Citation
- C26751
- Parties
- Respondent: Her Majesty the Queen; Appellant: John Henry Howes
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 21 September 1998
- Procedural Posture
- Criminal Appeal / Court of Appeal Decision
- Outcome
- Leave to appeal granted; appeal dismissed.
- Legal Topics
- Criminal Negligence Causing Death, Failure to Remain at Scene, Driving While Disqualified, Totality Principle, Recidivism, Sentencing Concurrency Vs Consecutiveness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
John Henry Howes
Appellant
Procedural Posture
Criminal Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether the totality of consecutive sentences was excessive
- 2 Whether the sentence for driving while disqualified should have been made concurrent
- 3 Whether a lifetime driving prohibition was appropriate
Ratio Decidendi
Given the appellant's cumulative misconduct — serious prior driving record, refusal to address severe drinking, use of false identity to flout a disqualification order, and leaving the scene to avoid liability — the consecutive sentences totaling seven years were fit and not excessive; therefore the appeal is dismissed.
Court Disposition
Leave to appeal granted; appeal dismissed.
Orders
- Conviction for criminal negligence causing death; sentence 4 years 6 months
- Conviction for failing to remain at the scene; sentence 1 year
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Howes Collection Decisions of the Court of Appeal Date 1998-09-21 Docket numbers C26751 Judges Finlayson, George Duncan; Doherty, David H.; Rosenberg, Marc Subject Criminal Decision Content DATE: 19980921 DOCKET: C26751 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) and JOHN HENRY HOWES (Appellant) BEFORE: FINLAYSON, DOHERTY and ROSENBERG JJ.A. COUNSEL: Allan E. Davidson, for the appellant Milan Rupic, for the respondent HEARD: September 16, 1998 ENDORSEMENT [1] The appellant was convicted of criminal negligence causing death for which he received a sentence of four years and six months, of failing to remain at the scene of the accident for which he received a sentence of one year and driving while disqualified for which he received a sentence of one year and six months. The sentences were all consecutive to each other for a total of seven years. He also was prohibited from driving for life. [2] The appellant complains about the totality of the sentences of seven years and suggests that the sentence for driving while disqualified, at least, should be concurrent. Against this, however, we have to consider the cumulative conduct of the appellant that led to these sentences. The appellant had a serious criminal record for driving offences. He refused to address his severe drinking problem. He deliberately flouted the order of the court disqualifying him from driving by acquiring a false identity and he clearly left the scene of the accident in order to avoid criminal liability. [3] In all these circumstances, the sentence is a fit one. Leave to appeal is granted but the appeal is dismissed.