Crown appeal from 9 month jail sentence imposed after accused pled guilty to impaired causing bodily harm. Serious collision on an off ramp (30 km/hr zone) where accused was traveling well in excess of 100 km/hr. All 4 of the accused’s passengers were injured (various broken bones). Accused was not injured, and fled the scene without offering aid. No record.
Held: Appeal allowed, 15 months jail imposed.
Sentencing judge relied on the ranges set out in the dissent in Rossi, 2016 ABCA 43. “The dissent in Rossi is not law in Alberta.” Parliament has not adopted sentencing “grids”, and the “rigid framework proposed in the Rossi dissent fetters the proportionality analysis required by the Criminal Code.”
T. Foster – Defence Counsel