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Reviews of Investigating Impaired Drivers
« SENTENCE - SIX YEARS FOR IMPAIRED CAUSING DEATH AND ONE YEAR CONSECUTIVE FOR REFUSAL | Main | REFUSAL - ARE POLICE REQUIRED TO REPEAT THE DEMAND AFTER THE ACCUSED HAS BEEN GIVEN AN OPPORTUNITY TO CONSULT WITH COUNSEL? »
Sunday
Mar092014

SENTENCE - TWO YEARS LESS A DAY JAIL FOR "SERIAL DRUNK DRIVER"

Mr. Clarke was convicted of driving while over .08 and was sentenced to 14 months jail and given a 2 year driving prohibition. His record dated back to 1976, with 9 prior drinking and driving priors and 5 drive while disqualified priors.  Both he and the Crown appealed the sentence.  The Court allowed the Crown appeal and raised his sentence to two years less a day jail and imposed a 3 year driving prohibition:

Public protection is the paramount sentencing objective for offenders who persistently drive motor vehicles when they are impaired or disqualified. Given Mr. Clarke’s work record, it would not be unexpected that he would be a model prisoner. The issue is how to deter him from driving while intoxicated.  In our view, there is no basis to depart from the past jurisprudence of this Court, which places a heavy emphasis on lengthy custodial sentences for serial drunk drivers as a means of ensuring general and specific deterrence. R. v. Clarke, 2013 SKCA 130