Sunday, October 2, 2011

Traffic offences matter - they are relevant in sentencing on criminal matters

R. v. Regier, 2011 ONCA 557 deals with a case of a sentence of six years' imprisonment on two counts of dangerous driving causing death and one count of dangerous driving causing bodily harm. Of interest is the use of HTA offences in justifying the sentence:


[3] Here, two young people were killed, and the driver of another vehicle seriously injured. The trial judge was justified on the record in characterising the appellant's driving as "aggressive" and his manoeuvring as "grossly unsafe". The appellant has a lengthy driving record involving 25 Highway Traffic Act convictions over a period of 28 years and indeed was charged with careless driving in another incident near the place of this accident on the same highway within two years following this accident. Further, the trial judge did not err in our view in assessing the application of the principles of remorse in the sentencing context.

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