Impaired operation causing death, Impaired operation causing bodily harm

R. v. Hainsworth

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed5 years in penitentiary (3 years concurrent on second count), less 398 days pre-sentence custody; 10-year driving prohibition1

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked2 years and 6 months in custody
For impaired operation causing death (CC 320.14(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.

Belinda Mary Hainsworth pleaded guilty to impaired driving causing death and impaired driving causing bodily harm after she veered into oncoming traffic on Highway 4 in March 2019 while impaired by drugs, killing one driver and injuring two others. The Crown sought five years and the defence two and a half years. Justice Baird adopted the Crown's submission and imposed five years in penitentiary, less 398 days of pre-sentence custody, with a 10-year driving prohibition, emphasizing denunciation and deterrence, her criminal and driving record, and the late guilty plea.

In the judge's words

The degree of Ms. Hainsworth's departure from the behaviour that every one of us has the right to expect of others operating motor vehicles on our highways was pronounced and shocking. It merits a significant denunciatory and deterrent sentence.

1

The record

Prior convictions
3 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: B. McCormick
Defence: B. Movassaghi

Sources

  1. R. v. Hainsworth, 2024 BCSC 2332 Court decision, CanLII, November 12, 2024[28] I endorse the Crown's sentencing submission and hereby impose a penitentiary sentence of five years on Count 1 and 3 years concurrent on Count 2.[21] With the greatest respect, the two-and-a-half year sentence recommended by defence counsel would not be fit.[1] Belinda Mary Hainsworth has pled guilty to the offences of impaired driving causing the death of Gareth Rees and impaired driving causing bodily harm to Gareth Rees's wife, Bonnie Rees, and a person named Kim Bain on March 22, 2019.[12] Ms. Hainsworth has a criminal record for trafficking in a controlled substance, failure to comply with a bail order, and importing a Schedule I substance into Canada.[19] … The degree of Ms. Hainsworth's departure from the behaviour that every one of us has the right to expect of others operating motor vehicles on our highways was pronounced and shocking. It merits a significant denunciatory and deterrent sentence.[28] I endorse the Crown's sentencing submission and hereby impose a penitentiary sentence of five years on Count 1 and 3 years concurrent on Count 2. From that sentence is to be deducted the 398 days that you have already spent in custody, so it is a five‑year penitentiary sentence less 398 days.
  2. R. v. Hainsworth, 2024 BCSC 2332 Court decision, Courts of British Columbia

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