R. v. Reed (R.R.), (1998) 107 B.C.A.C. 50 (CA)

• Judge: Lambert, Esson and Hollinrake, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 27, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 107 B.C.A.C. 50 (CA)

R. v. Reed (R.R.) (1998), 107 B.C.A.C. 50 (CA);

   174 W.A.C. 50

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. JN.022

Regina (appellant) v. Ryan Robert Reed (respondent)

(CA023935)

Indexed As: R. v. Reed (R.R.)

British Columbia Court of Appeal

Lambert, Esson and Hollinrake, JJ.A.

March 27, 1998.

Summary:

The British Columbia Supreme Court acquitted the accused of three counts of dangerous driving causing death. The Crown appealed.

The British Columbia Court of Appeal, in a decision reported in 86 B.C.A.C. 111; 142 W.A.C. 111, allowed the appeal and entered convictions on all three counts. Sentencing was referred back to the trial judge. The accused appealed from conviction to the Supreme Court of Canada. The accused was then sentenced to an 18 month conditional sentence to be served in the community. The Crown appealed the sentence. The accused applied to have the Crown's sentence appeal adjourned pending the outcome of his con­viction appeal.

The British Columbia Court of Appeal, per Prowse, J.A., dismissed the accused's ap­plica­tion. See 102 B.C.A.C. 157; 166 W.A.C. 157.

The Supreme Court of Canada, in a deci­sion reported in 225 N.R. 81; 106 B.C.A.C. 142; 172 W.A.C. 142, dismissed the accus­ed's conviction appeal.

The British Columbia Court of Appeal, in the following decision, allowed the Crown's sentence appeal by adding a condition re­specting the accused's residence.

Editor's Note: For a related decision re­specting the accused's application to stay a driving prohibition pending his conviction appeal, see 100 B.C.A.C. 161; 163 W.A.C. 161.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused, age 24, while speeding at 102-108 k.p.h., drove in the oncoming lane and collided head-on with another vehicle, killing three - His vehicle had been rede­signed and lifted higher, making it less responsive at high speeds - Impaired by alcohol and had driven 19 hours without sleep - Married - Steadily employed - Fully remorseful - One prior licence sus­pension relating to two offences of excess­ive speeding - Sentenced at trial to 18 months, conditional, including 240 hours of community service and a five year driving prohibition - Already served 4.5 months and completed 124 hours of com­munity service - The British Columbia Court of Appeal affirmed the sentence, but added a condition respecting the accused's residence.

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death - [See Criminal Law - Topic 5720.4 ].

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; 46 C.R.(4th) 269, refd to. [para. 19].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 718.2(d) [para. 20]; sect. 742.1 [para. 21].

Counsel:

A. Budlovsky, for the Crown, appellant;

B. Mickelson, for the respondent.

This appeal was heard before Lambert, Esson and Hollinrake, JJ.A., of the British Columbia Court of Appeal at Vancouver, British Columbia on March 27, 1998, when the decision of the court was delivered orally by Lambert, J.A.