R. v. Taylor (A.), (2008) 250 B.C.A.C. 317 (YukCA)

• Judge: Rowles, Donald and Saunders, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: January 18, 2008
• Jurisdiction: Yukon
• Citations: (2008), 250 B.C.A.C. 317 (YukCA);2008 YKCA 1

R. v. Taylor (A.) (2008), 250 B.C.A.C. 317 (YukCA);

    416 W.A.C. 317

MLB headnote and full text

Temp. Cite: [2008] B.C.A.C. TBEd. FE.018

Regina (respondent) v. Arthur Taylor (appellant)

(YU586; 2008 YKCA 1)

Indexed As: R. v. Taylor (A.)

Yukon Court of Appeal

Rowles, Donald and Saunders, JJ.A.

January 18, 2008.

Summary:

An accused was convicted of driving while disqualified and was sentenced to eight months' imprisonment and a one year driving suspension. The accused applied for leave to appeal the term of imprisonment. The accused did not seek leave to appeal the driving suspension.

The Yukon Court of Appeal granted leave, but dismissed the appeal.

Criminal Law - Topic 5606

Punishments (sentence) - General principles - Increased punishment for prior convictions - The accused was convicted of driving while disqualified - The accused drove his wife to work because her car had broken down and she was unable to drive his standard shift vehicle - The accused had five prior drinking and driving convictions and driving prohibitions - This was his second conviction for driving while disqualified - The first conviction was recorded in 1997 when he was also convicted of impaired driving causing death - On that occasion he was sentenced to four years' imprisonment for the impaired driving charge and one year concurrent for driving while disqualified - The accused was in the final year of his 10 year driving prohibition when the current offence occurred - First offence since the 1997 convictions - Had a history of alcohol abuse - The trial judge sentenced the accused to eight months' imprisonment and a one year driving suspension - The Yukon Court of Appeal held that the sentence of eight months' imprisonment was not unreasonable - The key point of reference was the one year sentence for breaching the driving prohibition in 1997 - Normally, repeat offences attracted a great penalty, although it could be appreciated why the judge did not find it necessary to go higher than eight months, given that there were no aggravating factors surrounding the manner of driving and the accused's record had been clear for almost 10 years.

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - [See Criminal Law - Topic 5606 ].

Cases Noticed:

R. v. Joe (A.F.), [2005] Yukon Cases (TerrCt) 21; 2005 YKTC 21, refd to. [para. 12].

R. v. Marada, [1999] Y.J. No. 9 (Terr. Ct.), refd to. [para. 12].

R. v. Redies (A.R.), [2004] Yukon Cases (TerrCt) 88; 2004 YKTC 88, refd to. [para. 12].

R. v. Clement, 2007 YKTC 30, refd to. [para. 12].

R. v. Fusion, 2005 BCPC 642, refd to. [para. 12].

R. v. Sinclair, [1990] B.C.J. No. 1896 (C.A.), refd to. [para. 14].

R. v. Rothenberger (1992), 10 B.C.A.C. 46; 21 W.A.C. 46; 35 M.V.R.(2d) 207, refd to. [para. 15].

Counsel:

K.P. Wenckebach, for the appellant;

D.A. McWhinnie, for the (Crown) respondent.

This appeal was heard at Vancouver, British Columbia, on January 18, 2008, by Rowles, Donald and Saunders, JJ.A., of the Yukon Court of Appeal. Donald, J.A., delivered the following oral reasons for judgment for the court on the same date.