R. v. DEVOS, 2024 MBCA 23, OCTOBER 18, 2023.

FACTS: The accused was convicted of the offences of impaired driving and dangerous driving causing death.  The circumstances were described by the Manitoba Court of Appeal in the following manner (at paragraph);

The accused was eighteen years of age and he had no prior convictions.  The sentencing judge imposed a period of six months of imprisonment in relation to each offence, to be served on a concurrent basis. He was also prohibited from driving a motor vehicle for two years.

The Crown was applied for leave to appeal from sentence.

HELD: Leave was granted and the appeal allowed.  The Court of Appeal increased the sentences imposed to eighteen months of imprisonment in relation to each offence, to be served on a concurrent basis.  The Court of Appeal concluded as follows (at paragraphs 72 and 88):

[T]he trial judge erred in principle by overemphasizing the personal circumstances of the accused, which significantly impacted the sentence that he imposed.  We are of the view that the sentence of six months’ imprisonment concurrent on the impaired driving causing death and the dangerous driving causing death offences constituted an unfit sentence.

Accepting the mitigating factors identified by the trial judge, we are of the view that a sentence of eighteen months’ imprisonment is appropriate in the circumstances of this case—which we imposed at the hearing.  While the focus of these reasons has been on the impaired driving aspect of the case, a concurrent sentence of eighteen months’ imprisonment on the charge of dangerous driving causing death was also imposed and is appropriate in these circumstances.  Together, they reflect the serious nature of the offences committed by the accused.