Refusal to provide a sample after an accident causing death

R. v. McGrath

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years and 6 months in custody1
Judge imposed4 years' imprisonment on each count, concurrent, then a 4-year driving prohibition1
6 months less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years and 6 months in custody
Judge imposed4 years in custody
Defence asked2 years in custody
For refusal to provide a sample after an accident causing death (CC 320.15(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.

Terry Robert McGrath pleaded guilty to two counts of refusing to provide a breath sample knowing he had been involved in an accident that caused death, after a rollover in Pictou County killed his two passengers. The Crown sought four and one-half to six years and the defence two to three years. Justice Hoskins imposed four years' imprisonment on each count, concurrent, followed by a four-year driving prohibition, balancing denunciation and deterrence with his status as a youthful first offender.

In the judge's words

At the same time, a four-year custodial sentence appropriately reflects society’s condemnation of the serious nature and gravity of these offences which acknowledges the statutory aggravating factor of multiple fatalities, while recognizing and advancing the important sentencing objectives of rehabilitation, restoration, and fostering a sense of responsibility in Mr. McGrath.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: Bill Gorman
Defence: Stanley MacDonald, KC

Sources

  1. R. v. McGrath, 2026 NSSC 265 Court decision, CanLII, July 29, 2026[192] The Crown submits that an appropriate sentence for Mr. McGrath is a penitentiary term in the range of four and one-half to six years.[197] The Defence submits that a fit and appropriate sentence for the offences and for Mr. McGrath is a sentence between two and three years.Terry Robert McGrath[245] Having considered the applicable authorities, including the decision of the Nova Scotia Court of Appeal in R. v. MacLeod, 2004 NSCA 31, together with the statutory factors set out in s. 487.051(3), I am satisfied that it is in the best interests of the administration of justice to grant the Crown’s application. Although Mr. McGrath has no prior criminal record, the offences are of the utmost seriousness and resulted in the deaths of two individuals.[237] At the same time, a four-year custodial sentence appropriately reflects society’s condemnation of the serious nature and gravity of these offences which acknowledges the statutory aggravating factor of multiple fatalities, while recognizing and advancing the important sentencing objectives of rehabilitation, restoration, and fostering a sense of responsibility in Mr. McGrath.[249] Mr. McGrath is sentenced to a 4-year period of incarceration to be served in a Federal Institution followed by a 4-year driving prohibition which commences upon completion of the four-year sentence.
  2. R. v. McGrath, 2026 NSSC 265 Court decision, Courts of Nova Scotia

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