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Criminal law 2020 BCSC 2119

R. v. Jasper

Steven Jasper was sentenced for theft of a taxi, attempted robbery, and dangerous driving arising from a violent March 2017 incident in Vancouver.

  • Sentencing principles
  • Gladue factors
  • Diminished responsibility (drug reaction)
  • Credit for time served
  • Driving prohibition
  • Probation conditions
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Criminal law 2019 NSSC 83

R.v. MacDonald

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…

  • Dangerous operation of motor vehicle
  • Sentencing principles
  • Driving prohibition
  • Concurrent sentences
  • Ancillary orders
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Criminal law 2017 BCSC 2269

R. v. Brodie

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)
  • Dangerous-driving-causing-bodily-harm
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Criminal law 2014 BCSC 1036

R. v. Sater

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.

  • Impaired driving causing death
  • Impaired driving causing bodily harm
  • Dangerous driving causing death
  • Dangerous driving causing bodily harm
  • Failure to stop at scene
  • Driving prohibition
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Criminal law 2006 BCCA 471

R. v. Cooper

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.

  • Sentencing principles
  • Denunciation
  • Concurrent and consecutive sentencing
  • Fraud on the court
  • Leave to appeal
  • Inherent jurisdiction
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Criminal law 2006 BCCA 431

R. v. Vandervalk

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.

  • Sentence fitness
  • Public protection
  • Pre-sentence custody credit
  • Drug impairment in sentencing
  • Prior convictions and dangerousness
  • Criminal-sentencing
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Criminal law 2003 SCC 11

R. v. M.S.

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.

  • Dangerous driving
  • Standard of review
  • Trier of fact
  • Error of law
  • Appeal of acquittal
  • Dangerous-driving
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Criminal law [1989] 1 SCR 1436

R. v. Waite

A Supreme Court of Canada criminal negligence appeal about whether mens rea is judged objectively, subjectively, or by both standards.

  • Objective vs subjective test for mens rea
  • Wilful blindness
  • Assumption of risk
  • Jury instructions
  • Criminal-negligence
  • Mens-rea
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