SENTENCE - FINE SET ASIDE AND IMPRISONMENT IMPOSED FOR IMPAIRED CAUSING BODILY HARM CONVICTION

Mr. Lommerse was operating an ATV when it flipped, injuring his passenger. His blood alcohol content was at least 150 mg%, but he had no prior record, was remorseful and the injured passenger spoke in support of Mr. Lommerse at the sentencing hearing. The sentencing judge imposed a $1500 fine and 18 months probation. The Court of Appeal for Yukon allowed the Crown appeal and substituted a sentence at the low end of the usual sentencing range – four months imprisonment. R. v. Lommerse, 2013 YKCA 13