R. v. Dhesi
Given the appellant's prior impaired driving conviction, the seriousness of the offence including severe injury to the other driver, the appellant's high blood-alcohol level and minimization of conduct, the trial judge properly exercised discretion in refusing a conditional sentence and the imposed sentence of 18...
Source-derived case information.
- Citation
- C35239
- Parties
- Respondent: Her Majesty the Queen; Appellant: Ravinder Pal Dhesi
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 12 April 2001
- Procedural Posture
- Criminal Appeal / Appeal From Sentence
- Outcome
- Leave to appeal sentence granted; appeal dismissed; original sentence upheld.
- Legal Topics
- Impaired Driving, Failing to Remain at the Scene, Sentencing, Conditional Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Ravinder Pal Dhesi
Appellant
Procedural Posture
Criminal Appeal / Appeal From Sentence
Legal Issues
- 1 Whether the 18-month custodial sentence and five-year driving prohibition were fit
- 2 Whether a conditional sentence was appropriate in the circumstances
- 3 Whether the trial judge erred in applying sentencing principles given appellant's prior record and level of intoxication
Ratio Decidendi
Given the appellant's prior impaired driving conviction, the seriousness of the offence including severe injury to the other driver, the appellant's high blood-alcohol level and minimization of conduct, the trial judge properly exercised discretion in refusing a conditional sentence and the imposed sentence of 18 months custody and five-year driving prohibition was fit and should not be interfered with on appeal.
Court Disposition
Leave to appeal sentence granted; appeal dismissed; original sentence upheld.
Orders
- Leave to appeal sentence granted
- Appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Dhesi Collection Decisions of the Court of Appeal Date 2001-04-12 Docket numbers C35239 Judges McMurtry, Roy; Finlayson, George Duncan; Labrosse, Jean-Marc Subject Criminal Decision Content DATE: 20010412 DOCKET: C35239 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. RAVINDER PAL DHESI (Appellant) BEFORE: McMURTRY C.J.O., FINLAYSON and LABROSSE JJ.A. COUNSEL: Robert B. McGee, Q.C., for the appellant Gregory J. Tweney, for the respondent HEARD: March 23, 2001 On appeal from his sentence imposed by Justice Lloyd Budzinski on October 19, 2000 ENDORSEMENT [1] The appellant pleaded guilty to impaired driving causing bodily harm and failing to remain at the scene of an accident. He was sentenced to eighteen months’ imprisonment and a five-year driving prohibition. He appeals the sentence. [2] The appellant was driving on the streets of the City of Toronto. He nearly had a head-on collision but fortunately only clipped and damaged the other car. He did not stop. He was weaving all over the road. He later clipped another car and while the other driver got out to inspect the damage, the appellant’s car lunged forward and pinned the other driver between the two cars. When the appellant reversed his car, he got stuck in a snow bank. The other driver sustained severe injuries to the left leg. The appellant had at least twice the legal limit of alcohol in his blood. [3] The appellant was convicted of impaired driving in 1997 and was sentenced to a fine and a one-year driving prohibition. According to the pre-sentence report, he minimized the severity of both his conduct and the other driver’s injuries. The trial judge noted that he appeared to have a chronic drinking problem which he has addressed since committing these offences. [4] The trial judge considered the appropriateness of a conditional sentence and decided against it. [5] In the circumstances of this case, particularly having regard to the appellant’s record, the seriousness of the offences, the level of alcohol he had in his blood at the time, and the objectives of sentencing, the sentence was fit and there is no basis to interfere. [6] Leave to appeal sentence is granted but the appeal is dismissed. Signed: “R.R. McMurtry C.J.O.” “G.D. Finlayson J.A.” “J.M. Labrosse J.A.”