R. v. Carr (J.J.), (2008) 441 A.R. 360 (QB)

• Judge: Foster, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 31, 2008
• Citations: (2008), 441 A.R. 360 (QB);2008 ABQB 228

R. v. Carr (J.J.) (2008), 441 A.R. 360 (QB)

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. AP.107

Her Majesty The Queen v. James Jonathan Carr (060836160Q1; 2008 ABQB 228)

Indexed As: R. v. Carr (J.J.)

Alberta Court of Queen's Bench

Judicial District of Red Deer

Foster, J.

April 9, 2008.

Summary:

The 22 year old accused was convicted of impaired driving causing death, dangerous driving causing death, two counts of impaired driving causing bodily harm, two counts of impaired driving causing bodily harm, and driving a motor vehicle while having a blood-alcohol content over the legal limit. The accused was driving a vehicle at 100 kmph in a 70 kmph zone when he lost control. The vehicle rolled over, killing one passenger and injuring two others. The accused's blood-alcohol content was .105.

The Alberta Court of Queen's Bench sentenced the accused to a conditional sentence of two years less a day followed by one year's probation. Conditions included 15 months of house arrest followed by nine months of a 10:00 p.m. to 7:00 a.m. curfew, a prohibition against alcohol or drug consumption, counselling and treatment as required. A five year driving prohibition was imposed.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5845.4 ].

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5845.4 ].

Criminal Law - Topic 5799.4

Punishments (sentence) - Prohibition orders - Respecting alcohol and drugs - [See Criminal Law - Topic 5845.4 ].

Criminal Law - Topic 5845.4

Sentencing - Considerations on imposing sentence - Wishes of victim's family - The 22 year old accused was convicted of impaired driving causing death, dangerous driving causing death, two counts of impaired driving causing bodily harm, two counts of dangerous driving causing bodily harm, and driving a motor vehicle while having a blood-alcohol content over .08 - The accused was driving at 100 kmph in a 70 kmph zone when he lost control - The vehicle rolled over, killing one passenger and injuring two others - The accused's blood-alcohol level was .105 - The accused was genuinely remorseful for the death of his best friend, but did minimize his moral blameworthiness, considering it just an "accident" where criminal charges were not warranted - However, some viewed this as a denial mechanism to deal with the grief and guilt for causing his best friend's death - The accused had no criminal record, was otherwise of good character, was employed and was pursuing career goals - The deceased passenger's parents requested leniency, noting that all those in the vehicle that night made a bad decision and that their son contributed to his own death (he was originally driving and asked the accused to take over) - They were adamant that the tragedy should not be compounded by incarcerating the accused - The risk of the accused re-offending was minimal - The Crown submitted the denunciation and deterrence required four years' imprisonment - The Alberta Court of Queen's Bench stated that prior to conditional sentences, dangerous driving causing death where significant alcohol was involved generally resulted in imprisonment - However, a conditional sentence was not foreclosed and could be crafted with strict punitive and rehabilitative conditions to meet the requirements of general deterrence and denunciation - The court sentenced the accused to a conditional sentence of two years less a day, followed by one year's probation - Conditions included 15 months of house arrest followed by nine months of a 10:00 p.m. to 7:00 a.m. curfew, a prohibition against alcohol or drug consumption (and from attending any premises where the sale of alcohol was its primary purpose) and counselling and treatment as required - The court also imposed a five year driving prohibition.

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 5845.4 ].

Criminal Law - Topic 5864.1

Sentence - Impaired driving causing death - [See Criminal Law - Topic 5845.4 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - [See Criminal Law - Topic 5845.4 ].

Criminal Law - Topic 5886.1

Sentence - Impaired driving causing bodily harm - [See Criminal Law - Topic 5845.4 ].

Cases Noticed:

R. v. Rhyason (B.P.) (2007), 404 A.R. 191; 394 W.A.C. 191; 2007 ABCA 119, refd to. [para. 77].

R. v. Page (2004), 12 M.V.R.(5th) 217; 2004 CarswellOnt 5321 (Sup. Ct.), refd to. [para. 77].

R. v. Dalkeith-Mackie (J.D.), 2003 W.L. 22889945; 2003 CarswellMan 506 (Q.B.), affd. (2003), 180 Man.R.(2d) 175; 310 W.A.C. 175; 44 M.V.R.(4th) 9; 2003 MBCA 144, refd to. [para. 77].

R. v. Brucker (B.E.) (2004), 362 A.R. 120; 2004 ABPC 181, refd to. [para. 77].

R. v. Engelhardt (N.J.) (1999), 228 A.R. 337; 188 W.A.C. 337 (C.A.), refd to. [para. 77].

R. v. Vijay (D.) (2002), 324 A.R. 320; 2002 ABQB 825, refd to. [para. 77].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 140 C.C.C.(3d) 449; 2000 SCC 5, refd to. [para. 78].

R. v. Sand (C.J.) (2002), 317 A.R. 328; 284 W.A.C. 328; 2002 ABCA 263, refd to. [para. 78].

R. v. Williams (J.S.) (2003), 330 A.R. 178; 299 W.A.C. 178; 2003 ABCA 218, refd to. [para. 78].

R. v. McCormick (A.E.) (2006), 401 A.R. 119; 391 W.A.C. 119; 216 C.C.C.(3d) 437; 2006 ABCA 410, refd to. [para. 78].

R. v. O'Neill (D.T.) (2006), 401 A.R. 4; 391 W.A.C. 4; 2006 ABCA 241, refd to. [para. 78].

R. v. Rhyason (B.P.) (2007), 404 A.R. 191; 394 W.A.C. 191; 2007 ABCA 119, refd to. [para. 101].

R. v. Gallant (J.A.) (2008), 272 Nfld. & P.E.I.R. 338; 830 A.P.R. 338; 2008 PESCAD 1, refd to. [para. 110].

R. v. Jackson (J.E.), [2007] A.R. Uned. 390; 2007 ABPC 198, refd to. [para. 110].

R. v. Nightingale (D.P.) (2007), 431 A.R. 202; 2007 ABPC 210, refd to. [para. 110].

R. v. Gratton (A.L.) (2003), 356 A.R. 334; 2003 ABQB 882, refd to. [para. 110].

R. v. Page (D.J.) (2003), 330 A.R. 92; 229 W.A.C. 92; 2003 ABCA 212, refd to. [para. 110].

R. v. McLean (L.J.) (2004), 357 A.R. 321; 334 W.A.C. 321; 2004 ABCA 353, refd to. [para. 114].

R. v. McKenzie (T.A.) (2000), 148 Man.R.(2d) 63; 224 W.A.C. 63; 2000 MBCA 57, refd to. [para. 133].

R. v. Elliott (K.M.) (2001), 203 Sask.R. 217; 240 W.A.C. 217; 2001 SKCA 19, refd to. [para. 133].

R. v. Jenkins, [2004] A.J. No. 1631 (Q.B.), refd to. [para. 138].

R. v. Ambrose (2000), 271 A.R. 164; 234 W.A.C. 164; 2000 ABCA 264, refd to. [para. 139].

R. v. Goodstoney (C.S.) (1999), 372 A.R. 243; 195 W.A.C. 243; 76 Alta. L.R.(3d) 229 (C.A.), refd to. [para. 140].

R. v. Mould (M.) (1999), 3 M.V.R.(4th) 111; 45 W.C.B.(2d) 117; 1999 CarswellOnt 4548 (Sup. Ct.), affd. (2000), 135 O.A.C. 294; 6 M.V.R.(4th) 150 (C.A.), refd to. [para. 158].

Counsel:

Anders N. Quist, for the Crown;

Lorne E. Goddard, Q.C. (Chapman Riebeek), for the accused.

This matter was heard on January 31, 2008, before Foster, J., of the Alberta Court of Queen's Bench, Judicial District of Red Deer, who delivered the following judgment on April 9, 2008.