Digest: R v Scholpp, 2018 SKQB 252

• Date: September 18, 2019

Reported as: 2018 SKQB 252

Docket Number: CRM 14/17 JCE , QB18239

Court: Court of Queen's Bench

Date: 2019-09-18

Judges:

• Barrington-Foote

Subjects:

• Criminal Law � Sentencing � Breach of Probation
• Criminal Law � Sentencing � Consecutive Sentence � Concurrent Sentence
• Criminal Law � Sentencing � Failing to Remain at the Scene of an Accident
• Criminal Law � Sentencing � Negligence Causing Bodily Harm
• Criminal Law � Sentencing � Sentencing Principles

Digest: The accused was convicted of the following Criminal Code offences: two counts of negligence causing bodily harm, contrary to s. 221; one count of failing to remain at the scene of an accident, contrary to s. 252; and one count of breach of probation, contrary to s. 733.1(1). The accused was driving a �lifted� Ford F150 and followed a Chevy S10 that he believed his girlfriend was in. The accused�s girlfriend was not in the vehicle, there were only two occupants; the victims of the negligence causing bodily harm convictions. The accused hit the victims� vehicle from behind twice and locked bumpers, pushing it at speeds over 100 km/hr. The victims� vehicle was pushed off the highway and into the ditch where it rolled. One victim was knocked unconscious and left dangling from his seatbelt. He had a soft tissue injury to his back and had to change jobs. He continued to suffer from significant back pain, he feared driving at night, and was quick to lose his temper since the event. The other victim suffered cuts to his hands and back and a soft tissue injury to his back that caused him to quit his job as a farm labourer. He continued to have pain from the back injury and pre-existing migraines were exacerbated. The accused did not stop to check on his victims, but instead called a friend and told him to check on them. The accused was 30 years old at sentencing and had one ten-year-old son but was not in an intimate relationship. The accused�s employer said he was willing, hard-working, and reliable. He had a history of emotional and behaviourial issues as well as alcohol abuse. The accused stopped drinking in April 2017. He had a significant record of provincial driving offences and a significant criminal record. The accused�s criminal record included breaches of probation orders and undertakings, obstruction, and resist arrest. The accused abided by his conditions since the offence, attended sessions with a mental health professional, and completed an anger...