R. v. Norman (D.), (2000) 137 O.A.C. 197 (CA)

• Judge: McMurtry, C.J.O., Charron and MacPherson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: October 30, 2000
• Jurisdiction: Ontario
• Citations: (2000), 137 O.A.C. 197 (CA)

R. v. Norman (D.) (2000), 137 O.A.C. 197 (CA)

MLB headnote and full text

Temp. Cite: [2000] O.A.C. TBEd. NO.019

Her Majesty The Queen (respondent) v. Darryl Norman (applicant/appellant)

(C32560)

Indexed As: R. v. Norman (D.)

Ontario Court of Appeal

McMurtry, C.J.O., Charron and  MacPherson, JJ.A.

October 30, 2000.

Summary:

The accused was found guilty of criminal negligence in the operation of a motor vehi­cle causing bodily harm.

The Ontario Superior Court, in a decision reported at 98 O.T.C. 278, imposed a sen­tence of 18 months' imprisonment followed by 12 months of probation. A three year driving prohibition was also imposed. The accused sought leave to appeal from the sentence.

The Ontario Court of Appeal granted leave to appeal, but dismissed the appeal.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - [See Criminal Law - Topic 5863.1 ].

Criminal Law - Topic 5863.1

Sentence - Criminal negligence causing bodily harm - The accused argued with another motorist (the victim) in a parking lot - The accused was in his car and the victim leaned toward the accused's open passenger window - The accused pulled the victim toward the interior of his car and drove away - He then drove in an extreme­ly dangerous manner with the victim cling­ing to the window frame - Eventually, the victim was propelled into the ditch - He suffered serious injuries - The accused was convicted of criminal negligence in the operation of a motor vehicle causing bodi­ly harm - 52 years old - No prior criminal or driving record - The trial judge imposed a sentence of 18 months' imprisonment plus 12 months of probation and a three year driving prohib­ition - The accused appealed, arguing that the trial judge did not properly consider the principle of restorative justice and that, if he had, he would have imposed a condi­tional sentence - The Ontario Court of Appeal dismissed the appeal.

Cases Noticed:

R. v. Proulx (J.K.D.) (2000), 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 140 C.C.C.(3d) 449 (S.C.C.), refd to. [para. 3].

Counsel:

Timothy Breen, for the appellant;

R. Graham Zoppi, for the respondent.

This appeal was heard on October 30, 2000, before McMurtry, C.J.O., Charron and MacPherson, JJ.A., of the Ontario Court of Appeal. The following endorsement of the Court of Appeal was delivered orally on October 30, 2000, and was filed on Novem­ber 3, 2000.