Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

SENTENCING- OPERATION OF A CONVEYANCE WHILE IMPAIRED AND OPERATION OF A CONVEYANCE WHILE PROHIBITED (SECTIONS 320.14(1) AND 320.18(1)(A))

R. v. ROMANIUK, 2024 MBCA 20, MARCH 6, 2024.  

FACTS:  The accused, a repeat offender, pleaded guilty to two counts of operation of a conveyance while impaired (section 320.14(1)) and two counts of operation of a conveyance while prohibited (section 320.18(1)(a)). The sentencing judge imposed a period of 1,326 days of imprisonment and a lifetime driving prohibition. The Crown sought leave to appeal from the sentence imposed.  

HELD: The appeal was allowed.  The sentence was increased to a period of five years and six months of imprisonment.  The Manitoba Court of Appeal concluded that “the sentencing judge erred in his assessment of the principle of general deterrence.  As well, he erred in his approach to sentencing for multiple offences.  Each of the errors impacted the sentence he imposed…in sentencing for offences involving drinking and driving, the principles of denunciation and deterrence and the protection of the public must be emphasized” (at paragraphs 2 and 37).