CRM 3322 Lecture Notes - Lecture 16: Traffic Collision, Criminal Negligence, Endangerment
11 Feb 2018
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Both court of appeal cases: gladue factors and analysis, how problematic. Appeal by john from the sentence imposed for criminal negligence causing death. John lived in the wilderness of saskatchewan, hunted, trapped and fished for living: more traditional lifestyle. Never been schooled and was a member of the english river first nation. No evidence of alcohol abuse and it had been 10 years since he was involved in the. Accident occurred on a gravel road with much dust, reducing visibility, john overtook a tractor and struck the rear. John was driving 50kms faster than the truck. Sentence- 3 years penitentiary, 3 year driving prohibition: disregard of drivers ahead of him, reckless. Appeal based on the fact that the judge failed to apply sec 718. 2e. John was raised in the traditional aboriginal lifestyle- operates a commercial fishing business. Appeal- trial judge erred by imposing a custodial sentence on john who lives a traditional lifestyle and has difficulty coping in mainstream society.
