R. v. Mercredi (W.J.), 2011 SKQB 4

• Judge: Maher, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 06, 2011
• Jurisdiction: Saskatchewan
• Citations: 2011 SKQB 4;(2011), 369 Sask.R. 95 (QB)

R. v. Mercredi (W.J.) (2011), 369 Sask.R. 95 (QB)

MLB headnote and full text

Temp. Cite: [2011] Sask.R. TBEd. FE.016

Her Majesty The Queen v. Wilbert Joseph Mercredi

(2009 CR No. 14; 2011 SKQB 4)

Indexed As: R. v. Mercredi (W.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Prince Albert

Maher, J.

January 6, 2011.

Summary:

The accused was convicted by a jury of impaired driving causing death and dangerous driving causing death. The Crown sought a sentence of 4-5 years' imprisonment followed by a five year driving prohibition. The accused argued for a sentence of imprisonment for two years less a day, followed by three years' probation and a three year driving prohibition.

The Saskatchewan Court of Queen's Bench sentenced the accused to concurrent sentences of 27 months' imprisonment, followed by a three year driving prohibition.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5864.1 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5864.1 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 5864.1 ].

Criminal Law - Topic 5864.1

Sentence - Impaired driving causing death - The 30 year old aboriginal accused attended a party after returning from seven days at a worksite - Although told he was unfit to drive, the intoxicated accused drove his vehicle - Shortly after one motorist called the R.C.M.P. to report the accused's erratic driving, the accused struck another vehicle head-on, killing the driver - The accused was convicted by a jury of impaired driving causing death and dangerous driving causing death - The Crown sought 4-5 years' imprisonment and a five year driving prohibition - The accused argued for imprisonment for two years less a day and a three year driving prohibition - The Saskatchewan Court of Queen's Bench sentenced the accused to concurrent sentences of 27 months' imprisonment and a three year driving prohibition - Aggravating circumstances included no acceptance of responsibility or remorse, driving when warned not to, and breach of his release conditions by consuming alcohol - Mitigating circumstances included his youth, the lack of any prior criminal record, the lack of any alcohol or drug addiction, a stable home life and employment (engaged to mother of his four year old son), and the fact that he cared for his elderly and ill parents - A sentence of less than two years' imprisonment in a provincial facility would make any necessary counselling and treatment unavailable; the accused would merely be warehoused - After considering the Gladue factors applicable to aboriginal offenders, the court determined that the offences required denunciation and deterrence, which could only be accomplished by incarceration.

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - [See Criminal Law - Topic 5864.1 ].

Cases Noticed:

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; 2000 SCC 5, refd to. [para. 10].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 10].

R. v. John (J.L.) (2004), 241 Sask.R. 268; 313 W.A.C. 268; 2004 SKCA 13, refd to. [para. 10].

R. v. Bear (C.C.) (2008), 320 Sask.R. 12; 444 W.A.C. 12; 2008 SKCA 172, refd to. [para. 28].

R. v. Smith (D.R.) (2009), 324 Sask.R. 142; 451 W.A.C. 142; 2009 SKCA 38, refd to. [para. 28].

R. v. Galloway (R.) (2004), 249 Sask.R. 262; 325 W.A.C. 262; 2004 SKCA 106, affing. (2004), 247 Sask.R. 107; 2004 SKQB 130, refd to. [para. 28].

Counsel:

W. Buckle, for the Crown;

P. Chetty, for the accused.

This matter was heard before Maher, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Prince Albert, who delivered the following judgment on January 6, 2011.