SENTENCE - 90 DAY INTERMITTENT JAIL SENTENCE FOR IMPAIRED CAUSING BODILY HARM UPHELD DUE TO UNIQUE CIRCUMSTANCES

Mr. Dawad lost control of the vehicle he was driving, leading to a collision that occurred in 2010. Police obtained a search warrant for his blood which had been drawn at the hospital. It revealed a blood alcohol content of 128 mg%. Of particular significance is the fact that Mr. Dawad’s 11 year old cousin, a passenger in Mr. Dawad's vehicle during the collision, was left severely brain injured and in a permanent vegetative state. Mr. Dawad pleaded guilty (in 2013) to impaired driving causing bodily harm and was sentenced to a 90 day intermittent jail sentence, followed by two years probation and a three year driving prohibition.  The Crown's appeal of that sentence was dismissed:

In our view, the principle of proportionality reflecting the moral blameworthiness of the Respondent would, in most cases, support the Crown’s contention that a sentence in the 15 months to 18 months range is appropriate. We are bound, however, to take into account that the passage of time from December 25, 2010 to sentencing on August 1, 2013 revealed a very different person to that who committed the offence. Indeed, at the hearing of this appeal, it emerged apparent that he has subsequently abstained from the use of alcohol, successfully completed community service, served the 90 day sentence and maintained employment. R. v. Dawad, 2014 ABCA 240