R. v. Stone (M.F.), 2001 BCCA 728

• Judge: Newbury, Mackenzie and Low, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: December 17, 2001
• Jurisdiction: British Columbia
• Citations: 2001 BCCA 728;(2001), 161 B.C.A.C. 181 (CA)

R. v. Stone (M.F.) (2001), 161 B.C.A.C. 181 (CA);

    263 W.A.C. 181

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. DE.060

Regina (respondent) v. Michael Frederick Stone (appellant)

(CA029003; 2001 BCCA 728)

Indexed As: R. v. Stone (M.F.)

British Columbia Court of Appeal

Newbury, Mackenzie and Low, JJ.A.

December 17, 2001.

Summary:

The accused was convicted, on a guilty plea, of dangerous driving causing bodily harm, contrary to s. 249(3) of the Criminal Code. Stays of proceedings were entered on three other counts: aggravated assault, assault with a weapon and hit and run. The accused was sentenced to two years' impris­onment. He appealed the sentence.

The British Columbia Court of Appeal allowed the appeal.

Criminal Law - Topic 5848.5

Sentencing - Considerations - Proper con­siderations - Civil consequences of convic­tion - The British Columbia Court of Appeal stated that where the offender was likely to face a substantial civil obli­gation compared to his circumstances, and he was not otherwise financially impe­cunious, his civil liability was a factor that should be taken into account in sentencing - See paragraph 34.

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing bodily harm - The accused driver, age 44, ran down and seriously injured the com­plainant, who previously taunted, spit and laughed at the accused and engaged with him in an incident of "road rage" - Solid wage earner with a good job, which he would lose if imprisoned - Helped support the children of his common law wife - Faced obligation to indemnify insurer for damages in a civil action brought by the complainant - No significant criminal record - Pleaded guilty to dangerous driv­ing causing bodily harm and sentenced to two years - The British Columbia Court of Appeal substituted a conditional sentence of 22 months, noting that the trial judge failed to consider the civil consequences of the conviction.

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, refd to. [para. 9].

R. v. Nam, [1999] O.J. No. 900 (Prov. Div.), consd. [para. 11].

R. v. Evoy (E.T.) (1993), 37 B.C.A.C. 103; 60 W.A.C. 103 (C.A.), consd. [para. 13].

R. v. Carrier (1992), 12 B.C.A.C. 287; 23 W.A.C. 287 (C.A.), consd. [para. 14].

R. v. Norman (D.) (1999), 98 O.T.C. 278 (Sup. Ct.), consd. [para. 15].

R. v. Coehlo, [1999] O.J. No. 2255 (Sup. Ct.), consd. [para. 18].

R. v. Biancofiore (N.F.) (1997), 103 O.A.C. 292; 119 C.C.C.(3d) 344 (C.A.), consd. [para. 19].

R. v. Chisholm (C.B.) (1998), 169 N.S.R.(2d) 328; 508 A.P.R. 328 (C.A.), consd. [para. 20].

R. v. Sidhu (G.S.) (1998), 111 B.C.A.C. 253; 181 W.A.C. 253; 129 C.C.C.(3d) 26 (C.A.), consd. [para. 21].

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, refd to. [para. 21].

R. v. Henigman, [1991] B.C.J. No. 3567 (Prov. Ct.), refd to. [para. 22].

R. v. McCalla (R.), [2000] O.A.C. Uned. 20 (C.A.), refd to. [para. 23].

R. v. Ubhi (J.S.) (1996), 77 B.C.A.C. 19; 126 W.A.C. 19; 109 C.C.C.(3d) 379 (C.A.), refd to. [para. 23].

R. v. Macska (J.) (1992), 18 B.C.A.C. 306; 31 W.A.C. 306 (C.A.), refd to. [para. 23].

Counsel:

J.O. Richardson, for the appellant;

K. Ker, for the respondent.

This appeal was heard on November 7, 2001, at Vancouver, British Columbia, before Newbury, Mackenzie and Low, JJ.A., of the British Columbia Court of Appeal.

The decision of the Court of Appeal was delivered on December 17, 2001, when the following opinions were filed:

Newbury, J.A. - see paragraphs 1 to 26;

Mackenzie, J.A. (Low, J.A., concurring) - see paragraphs 27 to 36.