Supreme Court

Summary: Breath samples indicated the Accused was at twice the legal limit at the time of the accident. Criminal record included previous charges for driving under the influence. Due to the personal circumstances of the offence the Court decided that a conditional sentence would be appropriate in these circumstances - Court was satisfied that serving the sentence in the community would not endanger the safety of the community and indicated that it hoped the Accused's presence in the community might be a beneficial reminder about the dangers of alcohol.
Decision: Sentence determined - Two years less a day imprisonment to be served within the Accused's community subject to compliance with both the standard statutory conditions and the following additional conditions: provision of support for the Accused's dependants; 240 hours of community service over a period of eighteen months; attendance at any treatment of counseling programs as directed; Accused must meet with the justice committee for their advice and counseling; order prohibiting the Accused from operating a motor vehicle for a period of four years.
Subjects: Criminal law - Motor vehicle offences - Impaired driving causing death
Criminal law - Motor vehicle offences - Driving with excessive alcohol in blood