R. v. Harveymordenzenk (D.G.), (2007) 221 Man.R.(2d) 121 (PC)

• Judge: Wyant, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: October 29, 2007
• Jurisdiction: Manitoba
• Citations: (2007), 221 Man.R.(2d) 121 (PC);2007 MBPC 68

R. v. Harveymordenzenk (D.G.) (2007), 221 Man.R.(2d) 121 (PC)

MLB headnote and full text

Temp. Cite: [2007] Man.R.(2d) TBEd. DE.006

Her Majesty The Queen v. Derek Grant Harveymordenzenk (accused)

(2007 MBPC 68)

Indexed As: R. v. Harveymordenzenk (D.G.)

Manitoba Provincial Court

Wyant, P.C.J.

October 29, 2007.

Summary:

The accused pled guilty to one count of dangerous driving causing death.

The Manitoba Provincial Court imposed a conditional sentence of two years less one day.

Criminal Law - Topic 5849.1

Sentencing - Considerations in imposing sentence - Position of public trust of accused - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - The accused, an off-duty police officer, ignored yellow warning lights and the red light at an intersection where Taman's stationary car was situated and ploughed into Taman without braking or slowing down - Taman was killed - The accused pled guilty to dangerous driving causing death - The Crown and defence counsel made a joint submission for a conditional sentence of two years less one day as a result of a plea bargain - The Manitoba Provincial Court imposed a conditional sentence of two years less one day - The court considered that while the lapse of attention by the accused was more than momentary, there was no evidence of impairment or alcohol consumption and there was no excessive speed or erratic driving - The court also considered the accused's lack of a prior record, his remorse, his guilty plea and his loss of employment - However, the court also stated that there was a higher standard required of police officers, whether on or off duty - While that did not mean that a police officer convicted of a criminal offence would automatically be subject to a more severe sentence, it was a factor that the court had to consider.

Cases Noticed:

R. v. Perron (G.A.) (2007), 214 Man.R.(2d) 243; 395 W.A.C. 243; 2007 MBCA 73, refd to. [para. 17].

R. v. Pashe (S.J.) (1995), 100 Man.R.(2d) 61; 91 W.A.C. 61 (C.A.), refd to. [para. 20].

R. v. Sinclair (E.J.) (2003), 184 Man.R.(2d) 1; 318 W.A.C. 1; 2004 MBCA 48, refd to. [para. 20].

R. v. McKay (D.E.) (2004), 184 Man.R.(2d) 259; 318 W.A.C. 259; 2004 MBCA 78, refd to. [para. 20].

R. v. Eckert (J.J.) (2005), 201 Man.R.(2d) 175; 366 W.A.C. 175; 2005 MBCA 6, dist. [para. 64].

Counsel:

M. Minuk, for the Crown;

R. Wolson, Q.C., for the accused.

This matter was heard before Wyant, P.C.J., of the Manitoba Provincial Court, who delivered the following oral decision on October 29, 2007.