SENTENCE - 6 YEAR JAIL SENTENCE AND 10 YEAR DRIVING BAN FOR IMPAIRED CAUSING DEATH CONVICTION UPHELD

Mr. York crossed the centre line and was driving on the wrong side of the road, travelling westbound in an eastbound lane. He directly collided with the victim, who was driving a motorcycle. Mr. York walked away from the scene, although the victim was in considerable distress. When police arrived Mr. York continued to walk away until he was apprehended. Police noticed he had red, glazed eyes and his breath smelled of alcohol. He was arrested for impaired driving and his blood alcohol reading was 240 milligrams of alcohol per 100 millilitres of blood. He was convicted of impaired driving causing death and was sentenced to six years in jail and a ten-year driving ban. Mr. York appealed the sentence, submitting that the appropriate sentence was between four and five years. The Alberta Court of Appeal dismissed his appeal and upheld the sentence and driving ban:

The sentencing judge took all the relevant factors into account and imposed a proportional sentence. Sentences for impaired driving causing death have increased in recent years, commensurate with legislative changes and society’s need to deter and denunciate the senseless loss of life on Canadian roads. In cases where the offender has a prior related record and/or high blood alcohol levels, proportionality demands a higher sentence. R. v. York, 2015 ABCA 129