Impaired operation causing bodily harm
R v Parker
Sentence and the Crown's position
What the law allows
Lindsay Parker pleaded guilty to six counts of operating a conveyance with a prohibited blood-alcohol level causing bodily harm after crossing into oncoming traffic on Highway 2 with a blood-alcohol concentration of 148 mg, seriously injuring six people, one catastrophically. The Crown sought two years less a day in custody and the defence a conditional sentence of the same length. Judge Atwood imposed two years' imprisonment followed by three years of probation, finding that the aggravating factors made denunciation and deterrence so pressing that only incarceration would do.
In the judge's words
1[63] However, the circumstances of these cases implicate such a significant array of aggravating factors—as recognized Parliament—and the need for denunciation and deterrence is so pressing that incarceration is the only suitable way in which to express society’s condemnation of Ms Parker’s conduct.
The record
- Convicted of
- Impaired operation causing bodily harm (CC 320.14(2), 6 counts)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Thomas Kayter III
Defence: David S Green
Sources
- R v Parker, 2024 NSPC 10 Court decision, CanLII, February 2, 2024
[4] The prosecution seeks a term of imprisonment of two years less a day for the charge involving RL (case 8641793), followed by a three-year term of probation, and one-year concurrent terms for each remaining count (cases 8641794-8641798).
[5] Defence counsel asks that the Court impose a two-year-less-one-day CSO, followed by a 3-year term of probation.
[1] Lindsay Anne Parker elected trial in this Court and pleaded guilty on 3 October 2023 to six indictable counts of operating a conveyance with a prohibited blood-alcohol level and causing bodily harm contrary to § 320.14(2) of the Criminal Code [Code].
[17] The Court accepts that Ms Parker’s conduct on 24 July 2022 was out of character; she is well regarded in the community; significantly, she has no record of offending conduct.
[63] However, the circumstances of these cases implicate such a significant array of aggravating factors—as recognized Parliament—and the need for denunciation and deterrence is so pressing that incarceration is the only suitable way in which to express society’s condemnation of Ms Parker’s conduct.
[65] … In relation to case 8641793, operating a conveyance with a prohibited blood-alcohol concentration and causing bodily harm to RL, there will be a sentence of two-years’ imprisonment. … The Court imposes a term of probation for three years.
- R v Parker, 2024 NSPC 10 Court decision, Courts of Nova Scotia