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Sentencing reasons for dangerous driving causing death and bodily harm. The court imposed a conditional sentence, a five-year driving ban, and declined to order DNA sampling.
The court dismissed judicial review of a refusal to allow a late violation-ticket dispute, holding the petitioner raised no arguable defence and the brief reasons were sufficient.
The court convicted Gordon Kent Rumbles of dangerous driving causing death, impaired driving causing death, and over 80 causing death after rejecting a hypoglycemia-based defence.
The court held a CSO would be inconsistent with the fundamental purposes and principles of sentencing given multiple statutory aggravating factors (seven persons seriously injured including catastrophic injury to RL, two child passengers, and a BAC of 148 mg/100mL) and the pressing need for denunciation and deterrence; imposed two years' imprisonment on the count involving RL and one-year concurrent sentences on the remaining counts, ordered DNA collection, a five-year driving prohibition after sentence expiry, waived victim surcharge and imposed three years' probation commencing on sentence…
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On sentencing after trial, the court imposed one year concurrent custody for aggravated assault, assault with a weapon, and dangerous driving, plus probation and ancillary orders.
The court acquitted Ms. Grewal of criminal negligence and failing to stop after finding her driving was explained by an epileptic seizure and no mens rea was proven.
The jury charge, read as a whole, properly focused the jury on the manner of driving and adequately instructed on the marked departure mens rea standard; the appellant's appeals fail because the trial judge did not misdirect the jury and the sentencing judge lawfully exercised discretion in imposing an eight month custodial sentence which was not demonstrably unfit and for which a conditional sentence was not appropriate on these facts.
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The conviction was set aside because the trial justice failed to address a material discrepancy between the officer’s time/distance testimony and the radar reading that could have raised a reasonable doubt about the device's functioning; the respondent conceded the error and the appropriate remedy is a new trial; no costs awarded under the Provincial Offences Act given the ordinary rule and that the appeal arose from the trial error.
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Sentencing for dangerous driving causing death: Louis Morgan received two years less a day, three years’ probation, and a five-year driving prohibition after jail.
The adjudicator's credibility findings and factual conclusions were reasonably supported by the evidence: the complainant's testimony established apparent damage exceeding the statutory threshold, the appellant failed to exhibit his driver's licence or provide registration/address at the scene and did not report the accident within 24 hours; no material misapprehension of evidence or error of law was shown, so the convictions were upheld.
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