R. v. Boufford

Parties

Amounts and remedies

• Age of Offender: 53
• Vehicle Speed Recorded Shortly Before Impact (km/h): 79
• Posted Highway Speed Limit (km/h): 90
• Posted Construction Zone Speed Limit (km/h): 60
• Estimated CSO Duration (days): 729
• Driving Prohibition (years): 5
• Community Service Hours Ordered: 180
• Victim Fine Surcharge Per Count: CAD 200

Party arguments

Applicant

The Crown urged a custodial sentence totaling four years and a five-year driving prohibition to satisfy denunciation and general deterrence for causing death and injury.

Respondent

The defence argued a sentence of two years less a day served by a conditional sentencing order with a three-year driving prohibition would be fit given the offender's clean record, short duration of inattention, remorse, and rehabilitative prospects.

Legal principles

1. 01

   Criminal Code s.718 and s.718.1; R. v. Lacasse, 2015 SCC 64; R. v. Ipeelee, 2012 SCC 13

   Sentencing must be proportionate to the gravity of the offence and the offender's degree of responsibility

2. 02

   Criminal Code s.718.2

   Court must consider aggravating and mitigating factors, parity, totality and principles of restraint

3. 03

   Criminal Code s.742.1

   Eligibility criteria and requirements for conditional sentencing orders

4. 04

   Canadian Charter of Rights and Freedoms s.11(i)

   If punishment is varied between commission and sentencing the offender is entitled to the lesser punishment

5. 05

   R. v. Bosco, 2016 BCCA 55; R. v. Eckert, 2006 MBCA 6

   Assessment of moral culpability considers age, duration of dangerous driving, deviation from norms and driving history

Court disposition

Conditional Sentencing Order imposed: 2 years less 1 day on Count 1; concurrent 1 year on Count 2

• Conditional Sentencing Order on Count 1 for two years less one day
• Conditional Sentencing Order on Count 2 for one year, concurrent
• Prohibition from operating a conveyance for five years beginning today (CSO duration plus three years and one day)
• Pay $200 victim fine surcharge on each count within 90 days
• Report to a conditional sentencing supervisor in Nanaimo within two working days and thereafter as directed
• Keep the peace and be of good behaviour and appear before the court when required
• Permission to travel to residence in Ontario immediately after sentencing
• Notify supervisor of any change of name, address or employment
• Abstain from alcohol and non-prescription intoxicants; drugs only as prescribed
• Perform 180 hours of community work service within first 18 months, with 120 hours completed within first 12 months
• House arrest with exceptions for work, approved medical/dental treatments, obtaining necessaries for up to three hours per week approved by supervisor, community work service, and voting
• Answer your door within three minutes to a peace officer or CSO supervisor attending at your residence to ensure compliance with house arrest condition
• No DNA sample required