R. v. Vanasse (S.J.), 2015 ABPC 210

• Judge: Lamoureux, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 02, 2015
• Citations: 2015 ABPC 210;[2015] A.R. TBEd. OC.056

R. v. Vanasse (S.J.), [2015] A.R. TBEd. OC.056

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. OC.056

Her Majesty the Queen v. Steven Johnathan Vanasse

(130209653P1; 2015 ABPC 210)

Indexed As: R. v. Vanasse (S.J.)

Alberta Provincial Court

Lamoureux, P.C.J.

October 2, 2015.

Summary:

The accused struck a person with his vehicle and left the scene without stopping. The victim died. The accused was charged with an offence under s. 252(1.3) of the Criminal Code and pleaded guilty.

The Alberta Provincial Court sentenced the accused to 90 days in jail, to be served intermittently on weekends, plus 12 months' probation, a term of which was that the accused make a charitable donation to an appropriate place which recognized the victim's position as a nurse. The court found that the accused's initial act of leaving the scene was not so much callous disregard, but rather an immediate autonomic reaction which was not overridden by executive function in the brain of the accused. The court declined to enter a driving prohibition order where the accused would need his vehicle in order to work and to undertake his community service as part of his probation order.

Criminal Law - Topic 1357

Offences against person and reputation - Motor vehicles - Failing to stop or remain at accident scene - Mens rea or intention - See paragraphs 1 to 15.

Criminal Law - Topic 5735.1

Punishments (sentence) - Probation or probation order - Charitable donations - See paragraphs 27 and 28.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - See paragraph 29.

Criminal Law - Topic 5866

Sentence - Leaving scene of an accident - See paragraphs 16 to 29.

Counsel:

Ryan Jenkins, for the Crown;

Hugh G. Slocombe, for the accused.

This case was heard by Lamoureux, P.C.J., of the Alberta Provincial Court, who delivered the following decision on October 2, 2015.