Impaired operation causing death, Impaired operation causing bodily harm
R. v. Hainsworth
Sentence and the Crown's position
What the law allows
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
1The 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.
The record
- Convicted of
- Impaired operation causing death (CC 320.14(3))
- Impaired operation causing bodily harm (CC 320.14(2))
- 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
- 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.
- R. v. Hainsworth, 2024 BCSC 2332 Court decision, Courts of British Columbia