Failure to stop after an accident resulting in death
R. v. Dionne
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
Following a trial, Roger Gerald Joseph Dionne was convicted of failing to remain at the scene of a May 2019 collision in Surrey in which a motorcyclist died; he turned himself in to police the next morning. The Crown sought three to six months in jail and the defence a conditional sentence of six to 12 months. Justice Shergill imposed a six-month conditional sentence with house arrest and an 18-month driving prohibition, citing Mr. Dionne's age, health concerns and lack of a criminal record.
In the judge's words
1When addressing the circumstances before me as a whole, including Mr. Dionne's age, health concerns, and lack of criminal record, I conclude that the principles of sentencing do not support a term of imprisonment as sought by the Crown. In arriving at this conclusion, I am satisfied that service of the sentence in the community would not endanger the safety of the community.
The record
- Convicted of
- Failure to stop after an accident resulting in death (CC 320.16(3))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Currie-Roberts
Defence: D.M. Turko, Q.C. and Z. Zwanenburg
Sources
- R. v. Dionne, 2022 BCSC 960 Court decision, CanLII, May 30, 2022
[5] The Crown submits that a fit and proper sentence in the case at bar is: … a) 3-6 months in jail,
[7] The Defence submits that an appropriate sentence is a conditional sentence order ("CSO") for six to 12 months with the following conditions:
[1] Following a trial of this matter, on March 9, 2022, I convicted Roger Gerald Joseph Dionne, with failing to remain at the scene of an accident where death resulted, contrary to s. 320.16(3) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].
[35] This is Mr. Dionne's first criminal offence. He is 66 years old and has no prior criminal record.
[57] When addressing the circumstances before me as a whole, including Mr. Dionne's age, health concerns, and lack of criminal record, I conclude that the principles of sentencing do not support a term of imprisonment as sought by the Crown. In arriving at this conclusion, I am satisfied that service of the sentence in the community would not endanger the safety of the community.
[63] On the offence of failing to remain at the scene of an accident where death resulted, contrary to s. 320.16(3) of the Code, I sentence Mr. Dionne to: … a) Six months custody, to be served conditionally in the community;
- R. v. Dionne, 2022 BCSC 960 Court decision, Courts of British Columbia