R. v. Devarajah (S.C.), 2015 ABQB 693
| Judge | Manderscheid, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | August 12, 2015 |
| Citations | 2015 ABQB 693;[2015] A.R. TBEd. NO.039 |
R. v. Devarajah (S.C.), [2015] A.R. TBEd. NO.039
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Temp. Cite: [2015] A.R. TBEd. NO.039
Her Majesty the Queen v. Sivakumar Cumar Devarajah
(130142946Q1; 2015 ABQB 693)
Indexed As: R. v. Devarajah (S.C.)
Alberta Court of Queen's Bench
Judicial District of Edmonton
Manderscheid, J.
October 30, 2015.
Summary:
The mid-50 year old accused truck driver struck an elderly pedestrian in an intersection. The pedestrian was seriously injured and subsequently died at the hospital. The accused was arrested for impaired driving and given a breathalyzer demand, which he complied with. His blood-alcohol level was almost twice the legal limit (.15). The accused was charged with impaired driving causing death (Criminal Code, s. 255(3)) and causing an accident resulting in death while having a blood-alcohol level exceeding the legal limit (s. 255(3.1)).
The Alberta Court of Queen's Bench, in a judgment reported (2015), 614 A.R. 232, found the accused guilty on both counts. The accused was impaired. His manner of driving fell below the standard of care of a reasonable driver and was a contributing cause of the accident beyond the de minimis range. The accused's impairment caused the faulty driving. The accused had a date prior impaired driving conviction (1989) and appeared to have been sober since the offence occurred. Although remorseful, the accused did not accept responsibility for the offence.
The Alberta Court of Queen's Bench stayed the conviction for impaired driving causing death and sentenced the accused to 3.5 years' imprisonment for causing an accident resulting in death while having a blood-alcohol level exceeding the legal limit, followed by a five year driving prohibition.
Criminal Law - Topic 5849.13
Sentencing - Considerations on imposing sentence - Drinking and driving offences - See paragraphs 1 to 72.
Criminal Law - Topic 5864.2
Sentence - Accident causing death while blood-alcohol level exceeds legal limit - See paragraphs 1 to 72.
Counsel:
Kim A. Goddard (Crown prosecutor), for the Crown;
William J. Tatarchuk, Q.C. (Tatarchuk Olson), for the accused.
This matter was heard on August 12, 2015, before Manderscheid, J., of the Alberta Court of Queen's Bench, who delivered the following judgment on October 30, 2015.
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R v Lagrelle, 2019 ABQB 702
...included the offender's high blood alcohol concentration and the speed of his vehicle at the time of the collision. [61] R v Devarajah, 2015 ABQB 693, the offender was driving a truck when he made a left hand turn through an intersection. At the same time, an individual, who had a walk sign......
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R. v. Francisco,
...I have also considered the sentences imposed in R. v. Olsen, 2011 ABCA 308 and R. v. Devarajah, 2015 ABQB 693. [91] Counsel submitted that R. v. Aleksev, 2016 ONSC 6080, closed resembled the circumstances presented here. In Aleksev, the driver was c......
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R v Bomford, 2020 ABQB 527
...also noting that the offender suffered from Fetal Alcohol syndrome. · R v Devarajah, 2015 ABQB 693 – an impaired driver (1.5 mg/ml) hit and killed a pedestrian. He had an old impaired driving charge. A 3 ½ year sentence was &#......
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R v Johnson,
...pleaded guilty to a charge of impaired driving causing death. A sentence of six years was upheld by the Court of Appeal. R. v. Devarajah 2015 ABQB 693 [53] After trial, the offender (aged about 55 years old) was convicted of impair......
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R v Lagrelle, 2019 ABQB 702
...included the offender's high blood alcohol concentration and the speed of his vehicle at the time of the collision. [61] R v Devarajah, 2015 ABQB 693, the offender was driving a truck when he made a left hand turn through an intersection. At the same time, an individual, who had a walk sign......
-
R. v. Francisco,
...I have also considered the sentences imposed in R. v. Olsen, 2011 ABCA 308 and R. v. Devarajah, 2015 ABQB 693. [91] Counsel submitted that R. v. Aleksev, 2016 ONSC 6080, closed resembled the circumstances presented here. In Aleksev, the driver was c......
-
R v Bomford, 2020 ABQB 527
...also noting that the offender suffered from Fetal Alcohol syndrome. · R v Devarajah, 2015 ABQB 693 – an impaired driver (1.5 mg/ml) hit and killed a pedestrian. He had an old impaired driving charge. A 3 ½ year sentence was &#......
-
R v Johnson,
...pleaded guilty to a charge of impaired driving causing death. A sentence of six years was upheld by the Court of Appeal. R. v. Devarajah 2015 ABQB 693 [53] After trial, the offender (aged about 55 years old) was convicted of impair......