Mr. Mitchell had two prior impaired driving offences (including one for impaired causing death) and when the trial judge sentenced him he received the minimum 120 day jail sentence. The Crown’s appeal in R. v. Mitchell, 2020 YKCA 2 was allowed:
The sentence does not give sufficient weight to the demands of denunciation and deterrence and discounts the significance of the prior conviction for impaired driving causing death. The custodial sentence imposed on Mr. Mitchell is increased to nine months and the driving prohibition to which he is subject is increased to four years.