R. v. Kerrivan (J.), (2015) 374 Nfld. & P.E.I.R. 151 (NLPC)

• Judge: Walsh, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: September 14, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 374 Nfld. & P.E.I.R. 151 (NLPC)

R. v. Kerrivan (J.) (2015), 374 Nfld. & P.E.I.R. 151 (NLPC);

    1164 A.P.R. 151

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. NO.021

Her Majesty the Queen v. Jeffrey Kerrivan

(Docket: 0115A00054)

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

Newfoundland and Labrador Provincial Court

Walsh, P.C.J.

October 30, 2015.

Summary:

Kerrivan pled guilty to a charge of driving "over 80 causing bodily harm."

The Newfoundland and Labrador Provincial Court sentenced Kerrivan to six months of incarceration. In addition, he was prohibited from operating a motor vehicle for two years.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5886.1 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5886.1 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 5886.1 ].

Criminal Law - Topic 5886.1

Sentence - Impaired driving causing bodily harm - The victim was walking home from a New Year's Eve get together when she was struck by Kerrivan's vehicle - She suffered serious personal injuries - Kerrivan pled guilty to a charge of driving "over 80 causing bodily harm" - The Newfoundland and Labrador Provincial Court sentenced Kerrivan to six months of incarceration - In addition, he was prohibited from operating a motor vehicle for two years - General deterrence and denunciation were the most important sentencing principles in this case - The aggravating factors were that Kerrivan stated that he was the designated driver for some of his friends (a position from which he retreated); and the severe life-altering injuries to the victim - The mitigating factors included: Kerrivan was a first offender; he pled guilty; he was a low risk to reoffend; he had gainful employment awaiting him when released from custody; he was very remorseful and took responsibility for his actions; and he had not had any alcohol since this incident - The court did not find that his readings (120 milligrams of alcohol in 100 millilitres of blood and 100 milligrams of alcohol in 100 millilitres of blood) nor the low indicia of impairment at the scene to be mitigating factors.

Cases Noticed:

R. v. Anstey (D.) (2013), 332 Nfld. & P.E.I.R. 216; 1030 A.P.R. 216; 2013 CanLII 1942 (N.L. Prov. Ct.), refd to. [para. 18].

R. v. Whiteway (A.J.) (2013), 338 Nfld. & P.E.I.R. 287; 1049 A.P.R. 287; 2013 PESC 13, refd to. [para. 18].

R. v. Gill (2001), 98 W.C.B.(2d) 753 (B.C. Prov. Ct.), refd to. [para. 18].

R. v. Longmore, [1996] A.J. No. 117 (C.A.), refd to. [para. 18].

R. v. Mueller (2000), 49 W.C.B.(2d) 118 (B.C. Prov. Ct.), refd to. [para. 18].

R. v. Currell, [2010] O.J. No. 5791 (Sup. Ct.), refd to. [para. 18].

R. v. Rai, 2007 ONCJ 443, refd to. [para. 18].

R. v. Yaceyko (J.D.) (2000), 265 A.R. 321; 2000 ABPC 79, refd to. [para. 18].

R. v. Litchfield (S.D.), [2010] A.R. Uned. 162; 2010 ABPC 13, refd to. [para. 18].

R. v. Shrumm (D.A.) (2013), 567 A.R. 341 (Q.B.), refd to. [para. 18].

R. v. Flett (N.L.) (2012), 285 Man.R.(2d) 280; 2012 MBQB 279, refd to. [para. 18].

R. v. Fancy, [2007] N.J. No. 191 (N.L. Prov. Ct.), refd to. [para. 21].

R. v. McCarthy (C.R.) (2014), 357 Nfld. & P.E.I.R. 170; 1109 A.P.R. 170 (N.L. Prov. Ct.), refd to. [para. 21].

R. v. Morton (D.G.) (2013), 345 Nfld. & P.E.I.R. 256; 1074 A.P.R. 256 (N.L. Prov. Ct.), refd to. [para. 21].

R. v. O'Keefe (G.M.) (2011), 309 Nfld. & P.E.I.R. 253; 962 A.P.R. 253; 2011 NLCA 41, refd to. [para. 26].

R. v. Ranger, 2015 ONSC 4383, refd to. [para. 28].

R. v. Harvey (M.) (2004), 236 Nfld. & P.E.I.R. 139; 700 A.P.R. 139 (N.L.C.A.), refd to. [para. 29].

R. v. Biancofiore (N.F.) (1997), 103 O.A.C. 292; 35 O.R.(3d) 782 (C.A.), refd to. [para. 34].

R. v. Ramage (R.) (2010), 265 O.A.C. 158 (C.A.), refd to. [para. 35].

Counsel:

Jennifer Colford, for Her Majesty the Queen;

Randolph Piercey, Q.C., for the accused.

This matter was heard on September 14, 2015, at St. John's, N.L., before Walsh, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on October 30, 2015.