R. v. Norman (D.), (1999) 98 O.T.C. 278 (SC)

• Judge: Minden, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 29, 1999
• Jurisdiction: Ontario
• Citations: (1999), 98 O.T.C. 278 (SC)

R. v. Norman (D.) (1999), 98 O.T.C. 278 (SC)

MLB headnote and full text

Temp. Cite: [1999] O.T.C. TBEd. MY.201

Her Majesty The Queen v. Darryl Norman

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

Court of Ontario

Superior Court of Justice

Newmarket

Minden, J.

May 3, 1999.

Summary:

The accused became involved in an argument with another motorist (the victim) in a parking lot. The accused was seated in his car and the victim leaned toward the open passenger window of the vehicle. The accused pulled the victim toward the interior of his car and drove away. The accused then drove his car in an extremely dangerous manner with the victim clinging to the window frame of the passenger side. The accused refused to stop. Eventually, the side view mirror snapped off and the victim was propelled into the ditch. He suffered serious injuries. The accused continued for a few kilometres and then turned into a police station and related his version of the events to the police. The accused was found guilty of criminal negligence in the operation of a motor vehicle causing bodily harm. He was 52 years old with no prior criminal or driving record. The conduct was out of character for the accused.

The Ontario Superior Court imposed a sentence of 18 months' imprisonment followed by 12 months of probation. A three year driving prohibition was also imposed. The court stated that in light of the gravity of the offence and the aggravating factors, a conditional sentence was not appropriate because it would not fulfil the roles of general deterrence, denunciation and protection of the public.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - See paragraphs 15 to 77.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - See paragraph 75.

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of the public - See paragraph 75.

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - See paragraph 75.

Criminal Law - Topic 5863.1

Sentence - Criminal negligence causing bodily harm - See paragraphs 1 to 91.

Cases Noticed:

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81; 105 C.C.C.(3d) 327, refd to. [para. 2].

R. v. Gladue (J.T.) (1999), 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 133 C.C.C.(3d) 385, refd to. [para. 3].

R. v. J.W. (1997), 99 O.A.C. 161; 115 C.C.C.(3d) 18 (C.A.), refd to. [para. 20].

R. v. Biancofiore (N.F.) (1997), 103 O.A.C. 292; 119 C.C.C.(3d) 344 (C.A.), refd to. [para. 64].

R. v. Daniels (H.) (1998), 115 O.A.C. 188 (C.A.), consd. [para. 72].

R. v. Pal (S) (1998), 88 O.T.C. 3 (Gen. Div.), refd to. [para. 72].

R. v. Aitas (T.) et al. (1998), 62 O.T.C. 329 (Gen. Div.), refd to. [para. 72].

R. v. Courchene (1990), 68 Man.R.(2d) 276; 30 M.V.R.(2d) 159 (C.A.), refd to. [para. 72].

R. v. Prestone, [1998] Y.J. No. 173 (Terr. Ct.), refd to. [para. 72].

Herman v. Graves et al. (1998), 217 A.R. 275 (Q.B.), refd to. [para. 72].

R. v. Priest (J.) (1996), 93 O.A.C. 163; 110 C.C.C.(3d) 289 (C.A.), refd to. [para. 73].

R. v. Vandale and Maciejewski (1974), 21 C.C.C.(2d) 250 (Ont. C.A.), refd to. [para. 75].

R. v. Creighton (C.) and Travassos (R.), [1997] O.A.C. Uned. 308 (C.A.), refd to. [para. 76].

R. v. Muise (D.R.) (1994), 135 N.S.R.(2d) 81; 386 A.P.R. 81; 94 C.C.C.(3d) 119 (C.A.), refd to. [para. 86].

Counsel:

H. Dale, for the Crown;

P.J. Traversy, for the accused.

This case was heard on April 29, 1999, before Minden, J., of the Ontario Superior Court, who delivered the following judgment on May 3, 1999.