Dangerous operation of a conveyance, Flight from a peace officer

R. v. Morgan

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposedTwo and a half years (912 days) imprisonment, less 468 days credit; 3-year driving prohibition1
183 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked3 years in custody
Judge imposed912 days in custody
Defence asked2 years in custody
For dangerous operation of a conveyance (CC 320.13(1)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 25% of the maximum. Read the section.

Brent Jameson Morgan pleaded guilty to flight from a police officer and dangerous driving after a 2022 police pursuit in Prince George in which he rammed a police vehicle. The Crown sought three to four years; the defence sought two years. Justice A. Ross imposed two and a half years (912 days) of imprisonment, less 468 days of credit, finding that his upbringing and Gladue factors lowered his moral blameworthiness.

In the judge's words

[32] In respect of the last point, in my opinion the sentence sought by the Crown (of three to four years) would be appropriate without the specific circumstances of Mr. Morgan. I find that his unfortunate upbringing and, in particular, the considerations of the Gladue principles lower the appropriate range of sentence in this case because it lowers his moral blameworthiness.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: R. Roach
Defence: J. Michi

Sources

  1. R. v. Morgan, 2023 BCSC 2236 Court decision, CanLII, November 20, 2023[3] The charges relate to an incident on October 22, 2022. Crown seeks a period of incarceration of three to four years plus ancillary orders.Defence submits that a term of two years would be appropriate.[2] Brent Morgan is before the court today for sentencing on two counts:[32] In respect of the last point, in my opinion the sentence sought by the Crown (of three to four years) would be appropriate without the specific circumstances of Mr. Morgan. I find that his unfortunate upbringing and, in particular, the considerations of the Gladue principles lower the appropriate range of sentence in this case because it lowers his moral blameworthiness.[34] Mr. Morgan, on the basis of my assessment above, I sentence you to a period of two-and-a-half years incarceration, which I calculate to be 912 days. I note that you have served a total of 312 days. With credit at time and a half, you are entitled to credit of 468 days.
  2. Criminal Code, s. 320.19 Record, Justice Laws Website
  3. R. v. Morgan, 2023 BCSC 2236 Court decision, Courts of British Columbia

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