R. v. Carleton (J.K.), (2012) 282 Man.R.(2d) 247 (PC)

• Judge: Smith, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 27, 2012
• Jurisdiction: Manitoba
• Citations: (2012), 282 Man.R.(2d) 247 (PC);2012 MBPC 54

R. v. Carleton (J.K.) (2012), 282 Man.R.(2d) 247 (PC)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. AU.010

Her Majesty The Queen v. Jarrett Kyle Carleton

(2012 MBPC 54)

Indexed As: R. v. Carleton (J.K.)

Manitoba Provincial Court

Smith, P.C.J.

July 27, 2012.

Summary:

The accused pled guilty to dangerous driving causing death.

The Manitoba Provincial Court imposed a sentence of 30 days' incarceration followed by two years of supervised probation with a significant community service component. The court also prohibited the accused from driving for 18 months.

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - The accused pled guilty to dangerous driving causing death - He was 18 at the time of the offence and had no prior criminal record - The Manitoba Provincial Court stated that "[t]he Crown submitted essentially, that because a young driver is just as potentially hazardous as any driver, the case law on youthful first offenders should have little effect on the outcome. I cannot agree that these principles should be ignored in the present case. They must be given some weight" - See paragraph 114.

Criminal Law - Topic 5847

Sentencing - Considerations on imposing sentence - Remorse of accused - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5848.8

Sentencing - Considerations on imposing sentence - First offence - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - As the accused approached a pedestrian corridor, he was driving in the left lane, next to the centre of the road - The overhead pedestrian lights were flashing - There were cars stopped in the two lanes to his right because 23 year old Storm was crossing in the pedestrian corridor - The accused did not see the flashing lights - He drove by the stopped cars - Just as he drove into the corridor, Storm stepped into his lane - His vehicle hit her, causing fatal injuries - The accused pled guilty to dangerous driving causing death - At the time the accused's vehicle collided with Storm, his speed was about 63 kph in a 60 kph zone - He had not consumed any alcohol - He remained at the scene and co-operated with police - Witness accounts indicated that the accused's car and a car driven by his friend were speeding up, slowing down and changing lanes frequently prior to the collision - The accused admitted he changed lanes about five times preceding the accident, but it was clear he did not change lanes as he approached the pedestrian corridor - The offence occurred three weeks past the accused's 18th birthday - He had no prior criminal record, but he had one prior offence of speeding - He was employed - Extremely remorseful - Assessed as a low risk to reoffend - The Manitoba Provincial Court stated that this tragic loss resulted fundamentally from seconds of inattention or lack of focus as the accused approached the pedestrian corridor - Yet, it was preceded by imprudent driving, an aggravating feature - The court imposed a sentence of 30 days' incarceration followed by two years of supervised probation with a community service component - The court also prohibited the accused from driving for 18 months.

Cases Noticed:

R. v. Roy (R.L.) (2012), 430 N.R. 201; 321 B.C.A.C. 112; 547 W.A.C. 112; 2012 SCC 26, refd to. [para. 44].

R. v. J.L. - see R. v. Linden (J.).

R. v. Linden (J.) (2000), 135 O.A.C. 193; 17 C.C.C.(3d) 299 (C.A.), refd to. [para. 62].

R. v. Lam (P.P.T.) (2003), 178 O.A.C. 275; 180 C.C.C.(3d) 275 (C.A.), refd to. [para. 62].

R. v. Woodley (M.D.) (1993), 24 B.C.A.C. 153; 40 W.A.C. 153 (C.A.), refd to. [para. 62].

R. v. Eckert (J.J.) (2005), 201 Man.R.(2d) 175; 366 W.A.C. 175; 2006 MBCA 6, refd to. [para. 67].

R. v. Wallace (B.K.) (2012), 280 Man.R.(2d) 209; 548 W.A.C. 209; 2012 MBCA 54, refd to. [para. 73].

R. v. Manty (C.) (2006), 201 Man.R.(2d) 310; 366 W.A.C. 310; 2006 MBCA 25, affing. (2005), 191 Man.R.(2d) 216; 2005 MBQB 55, refd to. [para. 73].

R. v. Muthoka (L.M.) (2011), 268 Man.R.(2d) 26; 520 W.A.C. 26; 2011 MBCA 40, refd to. [para. 73].

R. v. Duchominsky (M.) (2003), 170 Man.R.(2d) 270; 285 W.A.C. 270; 2003 MBCA 19, refd to. [para. 81].

R. v. Demeter and Whitmore (1976), 32 C.C.C.(2d) 379 (Ont. C.A.), refd to. [para. 105].

R. v. Priest (J.) (1996), 93 O.A.C. 163; 110 C.C.C.(3d) 289 (C.A.), refd to. [para. 108].

R. v. Draper (T.G.) (2010), 251 Man.R.(2d) 267; 478 W.A.C. 267; 2010 MBCA 35, refd to. [para. 108].

R. v. Vandale and Maciejewski (1974), 21 C.C.C.(2d) 250 (Ont. C.A.), refd to. [para. 109].

R. v. Demeter and Whitmore (1978), 3 C.R.(3d) 55 (Ont. C.A.), refd to. [para. 109].

R. v. McCormick, [1979] 4 W.W.R. 453; 7 Man.R.(2d) 30 (C.A.), refd to. [para. 110].

R. v. Leask (J.C.) et al. (1996), 113 Man.R.(2d) 265; 131 W.A.C. 265 (C.A.), refd to. [para. 112].

Counsel:

Jocelyne Ritchot, for the Crown;

Hymie Weinstein, Q.C., for the accused.

This matter was heard before Smith, P.C.J., of the Manitoba Provincial Court, who delivered the following reasons for decision on July 27, 2012.