R. v. Hansell (V.R.), (2015) 318 Man.R.(2d) 169 (QB)

• Judge: Suche, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 29, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 318 Man.R.(2d) 169 (QB);2015 MBQB 109

R. v. Hansell (V.R.) (2015), 318 Man.R.(2d) 169 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.014

Her Majesty The Queen v. Vann Ray Hansell (accused)

(CR 13-01-32696; 2015 MBQB 109)

Indexed As: R. v. Hansell (V.R.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Suche, J.

June 29, 2015.

Summary:

The accused pleaded guilty to dangerous driving causing death and driving while having a blood-alcohol level exceeding the legal limit causing death.

The Manitoba Court of Queen's Bench sentenced the accused to 26 months' imprisonment for each offence, to be served concurrently, and an 18 month driving prohibition.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age 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 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5864.1

Sentence - Impaired driving causing death - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - A line of traffic had stopped to allow a city work crew to move equipment across the road - Hansell, who was texting on his cell phone as he drove, did not see the stopped cars until the last second - He swerved into the other lane and collided head on with an oncoming car - The driver of the oncoming car died from his injuries the following day - Hansell's blood-alcohol level was between 0.100 and 0.120 - He pled guilty to dangerous driving causing death and driving while having a blood-alcohol level exceeding the legal limit causing death - 19 years old - No criminal record - The Manitoba Court of Queen's Bench found that Hansell was very unlikely to engage in this type of behaviour again - He had shown a strong sense of responsibility and taken steps to make reparations to the community - He had not been driving erratically and was actually travelling under the speed limit - His blood-alcohol level was low and he demonstrated no outward signs of impairment - The principle of restraint was important given Hansell's status as a youthful first offender - Hansell was sentenced to 26 months' imprisonment for each offence, to be served concurrently - Given that the conduct involved both texting and consuming alcohol, an 18 month driving prohibition was appropriate.

Cases Noticed:

R. v. McVeigh (1985), 11 O.A.C. 345; 22 C.C.C.(3d) 145 (C.A.), refd to. [para. 11].

R. v. Ruizfuentes (H.S.) (2010), 258 Man.R.(2d) 220; 499 W.A.C. 220; 262 C.C.C.(3d) 540; 2010 MBCA 90, refd to. [para. 14].

R. v. Ali (M.O.) (2015), 319 Man.R.(2d) 298; 638 W.A.C. 298; 2015 MBCA 64, refd to. [para. 15].

R. v. Demeter and Witmore (1976), 32 C.C.C(2d) 379 (Ont. C.A.), refd to. [para. 18].

R. v. Carleton (J.K.) (2012), 282 Man.R.(2d) 247; 2012 MBPC 54, refd to. [para. 19].

Counsel:

Mark Kantor, for the Crown;

Sheldon Pinx, Q.C., for the accused.

This matter was heard before Suche, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment orally on June 29, 2015.