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