R. v. T.M.
Balancing the aggravating features (serious injury and BAC of 150 mg/100 mL) against significant mitigating and Gladue-type factors (severe childhood trauma, community support, employment history, low risk of reoffending and statutory five-year DMV revocation), the court concluded a custodial sentence would be excessive; purposes of sentencing can be met by a substantial fine and a tailored 24-month probation order with rehabilitative and restrictive conditions plus a 24-month driving prohibition.
Source excerpt
- Impaired driving causing bodily harm
- Denunciation and deterrence
- Gladue/cultural assessment
- Probation conditions
- Driving prohibition
- Mandatory minimum fines