R. v. Caprarie-Melville (K.C.), (2000) 147 B.C.A.C. 168 (YukCA)

• Judge: McEachern, C.J.Y.T., Cumming and Hall, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 16, 2000
• Jurisdiction: Yukon
• Citations: (2000), 147 B.C.A.C. 168 (YukCA)

R. v. Caprarie-Melville (K.C.) (2000), 147 B.C.A.C. 168 (YukCA);

    241 W.A.C. 168

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. FE.038

Her Majesty The Queen (respondent) v. Kenneth Charles Caprarie-Melville (appellant)

(C.A. 98-YU410; 2000 YTCA 3)

Indexed As: R. v. Caprarie-Melville (K.C.)

Yukon Court of Appeal

McEachern, C.J.Y.T., Cumming and Hall, JJ.A.

May 16, 2000.

Summary:

The accused, in an effort to rescue a friend from a mob of people who were assaulting that friend, drove his tractor and loaded trailer into the crowd. In doing so he struck the deceased, ran over him and, in reversing, ran over him a second time. The accused was convicted of causing death by criminal negligence and of refusing to take a breathalyzer test. On the first charge he was sentenced to 27 months' imprisonment, followed by a six year driving prohibition, and fined $500 respecting the second offence. The accused appealed the sentence.

The Yukon Court of Appeal allowed the appeal by reducing the driving prohibition to three years.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - The accused, in an effort to rescue a friend from a mob of people who were assaulting that friend, drove his tractor and loaded trailer into the crowd - In doing so he struck the deceased, ran over him and, in reversing, ran over him a second time - The accused was convicted of causing death by criminal negligence and of refusing to take a breathalyzer test - On the first charge he was sentenced to 27 months' imprisonment, followed by a six year driving prohibition, and fined $500 respecting the second offence - The accused appealed the sentence - The Yukon Court of Appeal allowed the appeal by reducing the driving prohibition to three years - The six years in the circumstances was excessive - The accused was a truck driver and had other employment opportunities which would require him to drive.

Counsel:

David McWhinnie, for the appellant;

John Laluk, for the respondent.

This appeal was heard before McEachern, Cumming and Hall, JJ.A., of the Yukon Court of Appeal. The following decision was delivered orally, for the court, by Cumming, J.A.