R. v. Tapper (G.), (2009) 287 Nfld. & P.E.I.R. 170 (NLTD)

• Judge: Faour, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 15, 2009
• Jurisdiction: Newfoundland and Labrador
• Citations: (2009), 287 Nfld. & P.E.I.R. 170 (NLTD)

R. v. Tapper (G.) (2009), 287 Nfld. & P.E.I.R. 170 (NLTD);

    885 A.P.R. 170

MLB headnote and full text

Temp. Cite: [2009] Nfld. & P.E.I.R. TBEd. JL.003

Her Majesty The Queen v. Grant Tapper

(200801T5321; 2009 NLTD 97)

Indexed As: R. v. Tapper (G.)

Newfoundland and Labrador Supreme Court

Trial Division

Faour, J.

June 29, 2009.

Summary:

The accused pleaded guilty to two counts of dangerous driving causing bodily harm and one count of breach of probation.

The Newfoundland and Labrador Supreme Court, Trial Division, sentenced the accused to 20 months' imprisonment on each dangerous driving count (concurrent) and three months' imprisonment for breach of probation (consecutive), for a total of 23 months' imprisonment. After 21 months' credit for 10.5 months' pre-trial custody, the net sentence was two months' imprisonment. The court also imposed three years' probation and a three year driving prohibition.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - The 23 year old accused driver had a blood-alcohol level of between .179 and .223 when he approached a downhill curve in the road at twice the speed limit - The accused crossed the centre line, striking an oncoming motorist head-on - That motorist (fractured ribs, lacerations and bruises) and the accused's passenger (fractured tibia and fibula) were seriously injured - Both were still affected by their injuries - On the eve of the trial, the accused pleaded guilty to two counts of dangerous driving causing bodily harm and breach of probation - The latter involved a previous conviction for aggravated assault, where the accused seriously injured another person after a bout of heavy drinking - The agreed statement of facts had little personal information respecting the accused - The accused expressed remorse and offered an apology through his counsel - He did not wish to personally apologize - The Newfoundland and Labrador Supreme Court, Trial Division, held that the aggravating factors exceeded the mitigating factors - The sentence had to reflect the public's increasing intolerance for offences involving driving after consuming alcohol - The court sentenced the accused to 20 months' imprisonment for each dangerous driving count (concurrent) and three months' imprisonment (consecutive) for breach of probation - The accused was given 21 months' credit for 10.5 months' pre-trial custody, leaving a net sentence of two months - The court also imposed three years' probation and a three year driving prohibition.

Criminal Law - Topic 5898

Sentence - Breach of probation - [See Criminal Law - Topic 5865.1 ].

Cases Noticed:

R. v. Tapper (G.) (2005), 243 Nfld. & P.E.I.R. 339; 721 A.P.R. 339; 2005 CarswellNfld 14; 2005 NLTD 19, refd to. [para. 20].

R. v. Woodward (H.) (1993), 108 Nfld. & P.E.I.R. 240; 339 A.P.R. 240; 1993 CarswellNfld 100 (C.A.), refd to. [para. 29].

R. v. Blackmore (A.R.) (1996), 140 Nfld. & P.E.I.R. 56; 438 A.P.R. 56; 1996 CarswellNfld 190 (T.D.), refd to. [para. 29].

R. v. Oliver (T.S.) (1996), 146 Nfld. & P.E.I.R. 244; 456 A.P.R. 244; 1996 CarswellNfld 296 (C.A.), refd to. [para. 29].

R. v. Murphy (S.) (1997), 151 Nfld. & P.E.I.R. 162; 471 A.P.R. 162; 1997 CarswellNfld 333 (C.A.), refd to. [para. 29].

R. v. Matchim (J.S.) (2000), 197 Nfld. & P.E.I.R. 99; 591 A.P.R. 99; 2000 CarswellNfld 371 (T.D.), refd to. [para. 29].

R. v. Warren (R.S.) (2003), 222 Nfld. & P.E.I.R. 270; 663 A.P.R. 270; 2003 CarswellNfld 32 (T.D.), refd to. [para. 29].

R. v. Coombs (H.W.) (2004), 236 Nfld. & P.E.I.R. 343; 700 A.P.R. 343; 2004 CarswellNfld 123; 2004 NLSCTD 85, refd to. [para. 29].

R. v. Fry (S.) (2005), 252 Nfld. & P.E.I.R. 59; 756 A.P.R. 59; 2005 CarswellNfld 314; 2005 NLTD 190, refd to. [para. 29].

R. v. Synard (M.) (2006), 257 Nfld. & P.E.I.R. 341; 776 A.P.R. 341; 2006 CarswellNfld 181; 2006 NLTD 101, refd to. [para. 29].

R. v. Bennett, 2007 CarswellNfld 129 (Prov. Ct.), refd to. [para. 29].

R. v. Rogers (W.M.) (2008), 274 Nfld. & P.E.I.R. 159; 837 A.P.R. 159; 2008 CarswellNfld 77; 2008 NLCA 19, refd to. [para. 29].

Counsel:

Phil LeFeuvre, for the Crown;

Jeffrey Brace, for the accused.

This matter was heard on June 15, 2009, at St. John's, Nfld. and Lab., before Faour, J., of the Newfoundland and Labrador Supreme Court, Trial Division, who delivered the following judgment on June 29, 2009.