R. v. Morash

R. v. Morash

The judge accepted the joint recommendation imposing six years for impaired driving causing death and concurrent three-year terms for the bodily harm counts because that sentence is proportionate to the gravity of the offence and degree of offender responsibility, adequately denounces the conduct and deters others, accounts for aggravating factors (four prior alcohol convictions and extremely high BAC) and is supported by comparative authority and victim impact.

Citation
2011 NSSC 99
Parties
Crown: Her Majesty the Queen; Defendant: Leonard Warren Morash
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
3 March 2011
Procedural Posture
Criminal / Sentencing
Outcome
Guilty; custodial sentence imposed
Legal Topics
Impaired Driving Causing Death, Impaired Driving Causing Bodily Harm, Sentencing Principles, Aggravating and Mitigating Factors, Victim Impact Statements, Joint Sentencing Submissions
Source Language
English
Criminal Law Traffic Safety (impaired Driving) Impaired Driving Causing Death Impaired Driving Causing Bodily Harm Sentencing Principles Aggravating and Mitigating Factors Victim Impact Statements Joint Sentencing Submissions

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Parties

Her Majesty the Queen

Crown

Leonard Warren Morash

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for impaired driving causing death and for impaired driving causing bodily harm
  2. 2 Whether to accept the joint recommendation on sentence
  3. 3 Application of s.718.1 proportionality and sentencing objectives

Ratio Decidendi

The judge accepted the joint recommendation imposing six years for impaired driving causing death and concurrent three-year terms for the bodily harm counts because that sentence is proportionate to the gravity of the offence and degree of offender responsibility, adequately denounces the conduct and deters others, accounts for aggravating factors (four prior alcohol convictions and extremely high BAC) and is supported by comparative authority and victim impact.

Court Disposition

Guilty; custodial sentence imposed

Orders

  • Imprisonment: 6 years for impaired driving causing death (s.255(3) Criminal Code)
  • Imprisonment: 3 years for impaired driving causing bodily harm to Stephen Francis (s.255(2) Criminal Code) to be served concurrently