R. v. Rupp (B.D.), (2010) 249 Man.R.(2d) 310 (PC)

• Judge: Martin, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: January 22, 2010
• Jurisdiction: Manitoba
• Citations: (2010), 249 Man.R.(2d) 310 (PC);2010 MBPC 15

R. v. Rupp (B.D.) (2010), 249 Man.R.(2d) 310 (PC)

MLB headnote and full text

Temp. Cite: [2010] Man.R.(2d) TBEd. MR.019

Her Majesty The Queen v. Brandon Duaine Rupp (accused)

(2010 MBPC 15)

Indexed As: R. v. Rupp (B.D.)

Manitoba Provincial Court

Martin, P.C.J.

January 22, 2010.

Summary:

The accused pled guilty to dangerous driving causing death (indictable) and assault causing bodily harm (summary conviction).

The Manitoba Provincial Court sentenced the accused to 24 months' jail for the dangerous driving offence and three months (consecutive) for the assault less 10.5 months' credit for time spent in custody. The court also imposed a two year driving prohibition and 10 year firearms' prohibition.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - The accused pled guilty to dangerous driving causing death (indictable) and assault causing bodily harm (summary conviction) - The driving offence occurred while the accused was working - He drove a fully loaded gravel truck through a stop sign without braking into a busy intersection and collided with a vehicle - The elderly passenger was killed and the driver, the passenger's husband, was badly injured - There was no excuse for the collision - Not long after the collision, the driver went into diabetic coma and died - The accused was 22 years old - He had a grade 12 education - He had driven a gravel truck for some time - Expressed remorse - He had a lengthy, but unrelated, criminal record and had served four custodial sentences (longest was three months) - He had a relatively lengthy driving record (one was committed just four months before the collision) and his license had previously been suspended for over two years - After the current offences, he was convicted of speeding twice and for breach of a condition that he abstain from alcohol - He had completed programming while in pre-trial custody - The Manitoba Provincial Court sentenced the accused to 24 months' jail for the dangerous driving offence and three months (consecutive) for the assault - The court also imposed a two year driving prohibition - The court considered the accused's "horrendous" driving record and the "concerning" circumstances of the offence, but was mindful of the accused's young age, the fact that driving was his form of employment and that the accused would not be driving during the period of the custodial sentence - See paragraph 47.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - The accused's girlfriend got into an argument with Girdin - She shoved a glass into his mouth - As Girdin held his mouth, the intoxicated accused sucker punched him and continued to hit Girdin after he fell to the floor - Girdin suffered swollen lips and a damaged tooth - The accused pled guilty to assault causing bodily harm (summary conviction) - A few months later, while working, the accused drove a fully loaded gravel truck through a stop sign without braking into a busy intersection and collided with a vehicle - The elderly passenger was killed and the driver, the passenger's husband, was badly injured - There was no excuse for the collision - Not long after the collision, the driver went into diabetic coma and died - The accused pled guilty to dangerous driving causing death (indictable) - The victims' families were devastated - The accused was 22 years old - He had a grade 12 education - He had driven a gravel truck for some time - Expressed remorse - He had a lengthy, but unrelated, criminal record and had served four custodial sentences (longest was three months) - He had a relatively lengthy driving record (one was committed just four months before the collision) and his license had previously been suspended for over two years - After the current offences, he was convicted of speeding twice and for breach of a condition that he abstain from alcohol - He had completed programming while in pre-trial custody - The Manitoba Provincial Court sentenced the accused to 24 months' jail for the dangerous driving offence - The accused demonstrated a high level of moral blameworthiness - His manner of driving was wilful and egregious - The court sentenced the accused to three months' jail for the assault which the court made consecutive to the driving offence since there was no nexus between the two offences and the totality of the sentences would not be "crushing" - The court gave the accused 10.5 months credit for time spent in custody, leaving a total sentence of 16.5 months.

Criminal Law - Topic 5883

Sentence - Assault causing bodily harm - [See Criminal Law - Topic 5865.1 ].

Cases Noticed:

R. v. Eckert (J.J.) (2005), 201 Man.R.(2d) 175; 366 W.A.C. 175; 2006 CarswellMan 7; 2006 MBCA 6, refd to. [para. 24].

R. v. Brake (J.P.) (2008), 280 Nfld. & P.E.I.R. 274; 859 A.P.R. 274; 2008 NLTD 175, refd to. [para. 25].

R. v. Galley, 2006 CarswellOnt 4289 (Sup. Ct.), 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. 29].

R. v. Harveymordenzenk (D.G.) (2007), 221 Man.R.(2d) 121 (Prov. Ct.), refd to. [para. 31].

R. v. Trembley (S.) (2008), 236 Man.R.(2d) 11; 448 W.A.C. 11 (C.A.), refd to. [para. 32].

R. v. Lesuk (R.W.) (2000), 148 Man.R.(2d) 39; 224 W.A.C. 39 (C.A.), refd to. [para. 34].

R. v. Traverse (L.) et al. (2008), 231 Man.R.(2d) 123; 437 W.A.C. 123; 2008 MBCA 110, refd to. [para. 52].

R. v. Golden (B.R.) (2009), 245 Man.R.(2d) 254; 466 W.A.C. 254; 2009 MBCA 107, refd to. [para. 55].

R. v. Reader (M.) (2008), 225 Man.R.(2d) 118; 419 W.A.C. 118; 2008 MBCA 42, refd to. [para. 55].

R. v. Devaney (P.) (2006), 215 O.A.C. 253; 213 C.C.C.(3d) 264 (C.A.), refd to. [para. 57].

Counsel:

J. Ritchot, for the Crown;

C. Murray, for the accused.

This sentencing was heard by Martin, P.C.J., of the Manitoba Provincial Court, who delivered the following decision orally on January 22, 2010.