Dangerous operation causing death, Failure to stop after an accident resulting in death

R. v. McKnight

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed3 years in prison (2 years for dangerous driving causing death, 1 year consecutive for failing to remain at the scene)1

What the law allows

MaximumLife imprisonment
Crown asked3 years in custody
Judge imposed3 years in custody
Defence asked3 years in custody
For dangerous operation causing death (CC 320.13(3)), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Reid McKnight pleaded guilty to dangerous driving causing death and failing to remain at the scene after he drove through a stop sign in Kamloops at about 110 km/h in a 50 km/h zone in November 2019, killing three people, and fled on foot. The Crown and defence jointly recommended three years' imprisonment. Justice Ker accepted the joint submission and imposed two years for dangerous driving causing death and one year consecutive for failing to remain at the scene, finding it within the accepted range and not contrary to the public interest.

In the judge's words

Third, in my view, the recommended sentence appropriately balances the aggravating and mitigating factors in this case and reasonably seeks to ensure that the sentence imposed honours the overarching principle of sentencing: that the sentence is proportionate to the gravity of the offence and the degree of responsibility of the offender.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
3 years in custody1
Appeal
Not yet checked
Counsel
Crown: C. Balison
Defence: J. Jensen

Sources

  1. R. v. McKnight, 2021 BCSC 2542 Court decision, CanLII, December 3, 2021[5] At this sentencing hearing, the Crown and the defence presented a joint submission on sentence; that is, they both recommended the same sentence be imposed in these circumstances: a global sentence of three years' imprisonment.[5] At this sentencing hearing, the Crown and the defence presented a joint submission on sentence; that is, they both recommended the same sentence be imposed in these circumstances: a global sentence of three years' imprisonment.[3] The accused before the Court, Reid McKnight, was driving west on Battle Street, a residential street with a stop sign at 1st Avenue.[13] Mr. McKnight is 33 years old. He has no criminal record.[44] Third, in my view, the recommended sentence appropriately balances the aggravating and mitigating factors in this case and reasonably seeks to ensure that the sentence imposed honours the overarching principle of sentencing: that the sentence is proportionate to the gravity of the offence and the degree of responsibility of the offender.[50] For the offence of dangerous driving causing death on Count 1, I sentence Mr. McKnight to two years' imprisonment. On Count 2, failure to remain at the scene of the accident, I sentence Mr. McKnight to one-year imprisonment. The sentence on Count 2 will be served consecutive to Count 1.
  2. Criminal Code, s. 320.13 Record, Justice Laws Website
  3. R. v. McKnight, 2021 BCSC 2542 Court decision, Courts of British Columbia

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