R. v. Ubhi (J.S.) (No. 2), (1996) 77 B.C.A.C. 19 (CA)

• Judge: Cumming, Hollinrake and Newbury, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: May 16, 1996
• Jurisdiction: British Columbia
• Citations: (1996), 77 B.C.A.C. 19 (CA)

R. v. Ubhi (J.S.) (1996), 77 B.C.A.C. 19 (CA);

    126 W.A.C. 19

MLB headnote and full text

Regina (respondent) v. Jatinderpal Singh Ubhi (appellant)

(CA020235)

Indexed As: R. v. Ubhi (J.S.) (No. 2)

British Columbia Court of Appeal

Cumming, Hollinrake and Newbury, JJ.A.

May 16, 1996.

Summary:

The accused was charged with two counts of criminal negligence causing death and five counts of criminal negligence causing bodily harm, following a motor vehicle accident. He was convicted by a jury of two counts of dangerous driving causing death and five counts of dangerous driving causing bodily harm. He was sentenced to four years' imprisonment on each of the first two counts, concurrent to each other, and six months' imprisonment on each of the other five counts, concurrent to each other and to the other sentences. He appealed against sentence.

The British Columbia Court of Appeal allowed the appeal and reduced the total period of imprisonment from four to three years.

Criminal Law - Topic 5848.2

Sentencing - Considerations - Time already served - [See Criminal Law - Topic 5865.1 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - The accused was convicted of two counts of dangerous driving causing death, and five counts of dangerous driving causing bodily harm - The trial judge sentenced him to four years' imprisonment for each of the first two counts, concurrent, and six months on each of the other five counts, all concur­rent - The British Columbia Court of Appeal reduced the four year sentences for dangerous driving causing death to three years each, because the trial judge failed to consider the seven months already spent in custody.

Cases Noticed:

R. v. C.A.M. (1996), 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81 (S.C.C.), refd to. [para. 6].

R. v. Muller (J.) (1993), 22 B.C.A.C. 194; 38 W.A.C. 194 (C.A.), refd to. [para. 11].

R. v. Bertram and Wood (1990), 40 O.A.C. 317 (C.A.), refd to. [para. 11].

R. v. Tallman, Tallman, Laboucan and Auger (1989), 94 A.R. 251; 48 C.C.C.(3d) 81 (C.A.), refd to. [para. 11].

R. v. Ko (1979), 50 C.C.C.(2d) 430 (B.C.C.A.), refd to. [para. 11].

R. v. R.S.W. (1992), 78 Man.R.(2d) 275; 16 W.A.C. 275; 74 C.C.C.(3d) 3 (C.A.), refd to. [para. 11].

R. v. G.W.M. (1994), 75 O.A.C. 153 (C.A.), refd to. [para. 11].

R. v. Wagar (A.W.) (1994), 51 B.C.A.C. 171; 84 W.A.C. 171 (C.A.), refd to. [para. 11].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 721(3) [para. 8].

Counsel:

S.R. Chamberlain, Q.C., for the appellant;

G.D. McKinnon, Q.C., for the respondent.

This appeal was heard at Vancouver, British Columbia, by Cumming, Hollinrake and Newbury, JJ.A., of the British Columbia Court of Appeal.

The decision of the Court of Appeal was delivered orally by Hollinrake, J.A., on May 16, 1996.