In this case, a five-month-old baby was killed and his mother’s back broken as a result of the Ms. Purtill’s offences. Ms. Purtill appealed her six year sentence for impaired/criminal negligence causing death and impaired/criminal negligence causing bodily harm. The sentencing judge had also imposed one year jail consecutive for refusal to provide a breath sample. Her appeal was dismissed. Of note, the Ontario Court of Appeal stated:
There is no fixed term upper limit for criminal negligence causing death or impaired driving causing death. The facts of the case must govern.
Furthermore, there was no error in the sentencing judge’s imposition of a consecutive sentence for the offence of refusal to provide a breath sample. The seven year sentence was not unduly long or harsh in the circumstances and we are satisfied that the sentence does not offend the totality principle. R. v. Purtill, 2013 ONCA 692