SENTENCE - 60 DAY INTERMITTENT JAIL SENTENCE FOR IMPAIRED CAUSING BODILY HARM UPHELD DUE, IN PART, TO GLADUE FACTORS
Saturday, March 28, 2015 at 9:25AM The trial judge sentenced Ms. Schinkel to 60 days jail followed by two years probation when she pleaded guilty to impaired causing bodily harm, dangerous causing bodily harm and refusal. The facts were described as "rather egregious":
She knew that she had drunk too much, and she had drunk quite a lot. She drove for quite a considerable period of time in a busy part of the Alaska Highway and Whitehorse. She was all over the road; driving with one flat tire; at high speeds, 130 to 140 kilometres per hour; in the wrong lane; going through stop signs; and hitting medians. When she was coming down the hill into Whitehorse, she hit another car and that car was pushed off the road and across the median and over a bank. The offences had a significant effect on the young victim, a 16-year-old woman, who suffered serious physical and emotional injuries, as well as property and income loss. With respect to the physical injuries, she sustained a severe head injury, which was a flap laceration that needed 15 stitches and a major concussion, whiplash and bruises. With regard to the emotional injuries, the victim suffered, amongst other things, shock, distress, fear, aggravation, anxiety, and depression. The Court of Appeal for Yukon upheld the sentence:
I consider the judge’s discussion of Gladue reflected he was alive to its principles. In particular, the judge recognized and gave significant weight to Ms. Schinkel’s healing and rehabilitation. He determined, on hearing from various speakers, including Ms. Schinkel herself, that she was rehabilitated. He identified the importance of her role in healing her family, which for generations had experienced systemic Aboriginal suffering. R. v. Schinkel, 2015 YKCA 2