(September 30, 2015 at 12:31 am)Parkers Tan Wrote: Does Canada have a similar treatment of dui deaths?
There is no minimum sentence for impaired driving causing injury or death.
There are issues with imposing minimum sentences, like all too often the "minimum"
becomes the "average" and sentences end up too lenient, too often.
Conviction on the charge of Impaired Driving causing Injury or Death carries a maximum sentence of life imprisonment,
but this is almost never imposed, despite Canada having an average of 1,500 deaths per year as a result of impaired driving. In one of the few cases where the offender received the maximum sentence of life imprisonment,
he already had 18 previous impaired driving charges on his record.
There is a push by concerned groups to ensure that repeat Impaired Driving offenders, who then become involved in an injury or death, always receive something closer to the maximum sentence.
In addition, if the offender is convicted of multiple counts of injury or death stemming from the same incident,
any sentences handed down will almost always be served "concurrently".
So in this case, if the driver is convicted of causing four deaths,
he may receive four sentences,
for four charges of impaired driving causing injury or death,
but he will doubtless serve them, concurrently, instead of consecutively,
which effectively means he only serves one sentence.
It now transpires that the seven previous offenses that they've mentioned,
were not for impaired driving, but for speeding, public intoxication, etc.
So while the judge may order him to receive treatment and counseling for alcoholism,
if this is his first impaired driving offense,
he will probably get off easy.
I'd be surprised if he gets much more than 3 or 4 years, tops.
The severity of the damage done, previous offenses, blood-alcohol content at the time of the incident,
whether the accused enters a Guilty or Not-Guilty plea, or shows remorse,
and Victim Impact Statements can all potentially affect the sentence.
Also, convicted offenders of impaired driving can apply for parole far too early into their sentence,
I think it's like after serving 1/3 of their sentence...although I'm not sure if this applies if the conviction is for causing injury or death.