Balancing significant aggravating factors (excessive speed approximately 106 km/h in a 50 km/h zone; unsafe aggressive driving in a residential area; prior speeding convictions; consumption of marijuana and alcohol) against mitigating factors (first-time offender, youth, prompt guilty plea, genuine remorse and good rehabilitation prospects), the court imposed a substantial but not maximum custodial sentence to achieve denunciation and general deterrence while acknowledging rehabilitation potential: 28 months incarceration on each count of dangerous driving causing death to be served concurren…
Sentencing for dangerous driving while fleeing police and criminal negligence causing bodily harm, with a nine-year consecutive term and four ancillary orders.
Flight from police
Dangerous driving causing bodily harm
Criminal negligence causing bodily harm
Deterrence and denunciation
Ancillary orders (weapons prohibition, dna, driving prohibition, victim fine surcharge)
Sentencing reasons in R. v. Sater for multiple impaired and dangerous driving convictions arising from a fatal crash, plus failing to stop after the collision.
The British Columbia Court of Appeal refused leave to appeal sentence after finding a prima facie fraud on the court arising from false identity and a false no-record position.
The Court of Appeal upheld a four-year sentence for a series of theft, dangerous driving and obstruction offences, holding the sentence fit and public protection paramount.
The Supreme Court of Canada dismissed the Crown’s appeal, holding that the absence of a dangerous-driving finding was not an error of law despite supporting evidence.