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Table of Contents
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Reviews of Investigating Impaired Drivers
« SENTENCE - FINE SET ASIDE AND IMPRISONMENT IMPOSED FOR IMPAIRED CAUSING BODILY HARM CONVICTION | Main | SECTIONS 10(B) AND 24(2) - CONVICTION REINSTATED FOR "RELATIVELY MINOR" RIGHT TO COUNSEL BREACH »
Sunday
Nov102013

SENTENCE - JAIL SENTENCE INCREASED FOR IMPAIRED CAUSING DEATH

Ms. Smith was initially sentenced to one day in prison followed by a three year probation order for one count of impaired driving causing death. Her decision to drive while highly intoxicated meant that "she posed an extreme danger to everyone travelling in the vicinity that day". However the trial judge had to also take into account her limited cognitive ability, her efforts at sobriety and the fact that she had no criminal record. The British Columbia Court of Appeal gave her credit for the one day she served and increased her actual sentence to two years less one day incarceration, followed by three years' probation, and affirmed the 10-year driving prohibition.  The Supreme Court of Canada dismissed her application for leave to appeal.  R. v. Smith, 2013 BCCA 173