Impaired operation causing bodily harm

R v Parker

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposed2 years in custody (concurrent 1-year terms on 5 other counts), then 3 years probation; 5-year driving prohibition1

What the law allows

Maximum14 years
Crown asked2 years less a day in custody
Judge imposed2 years in custody
Defence asked2 years less a day conditional sentence
For impaired operation causing bodily harm (CC 320.14(2)), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 14% of the maximum. Read the section.

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

[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.

1

The record

Convicted of
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

  1. 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.
  2. R v Parker, 2024 NSPC 10 Court decision, Courts of Nova Scotia

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