What is the range of sentence for impaired causing death? Very serious, very serious offence. What’s the range in Ontario? Well, the short answer that is the Ontario Court of Appeal has analyzed all the case law that’s gone on. And the current range as of 2023 is four to six years in jail. So if you’re convicted, if you plead guilty, you’re found guilty of impaired causing death, you’re typically going to face something in the four to six year range, if you’ve got no prior criminal record for driving offences or no prior record at all. And what will you face four ? Or will you face five to six? Well, that depends. It’s going to depend on your background as a person, that’s the offender, the mitigating and aggravating factors about you and it’s going to depend on the offence. For example, and parent causing death can be horrendous driving on the 401, where you are weaving in and out and you kill someone, where you’re looking probably the six-year range, versus you know, a slight mishap where you cause a death, but you happen to be slightly over the legal limit, and slightly impaired. So, that’s the range and that’s how a judge is going to analyze it. The judge is going to apply principles of general deterrence and specific deterrence. In other words, they want to send a message to the public and yourself that this is unacceptable and people should not do this. So we’re sending a message out there, which generally translate and punishment as well. Now, what happens if you’ve got a prior record for say dangerous driving or impaired driving? Well, depending on the record, the range is going to be seven and a half to 12 years. So a person is saying with oh God, you know, three prior DUIs convictions might face more than 12 years or very bad driving with a prior record. So those are the typical ranges in the province. It’s a very serious offence unfortunately and requires serious time in jail. There’s no question about that. Thank you for watching our video, we are absolutely committed to bringing you the best possible criminal and DUI educational videos. If you found this video helpful, please like it and subscribe to our YouTube channel. If you’ve been charged with a criminal offence and Ontario and require our services, please click on the link in the description below.
Michael Kruse is a seasoned criminal defence lawyer with more than 36 years of experience in Ontario. A former Assistant Crown Attorney, Mike brings decades of courtroom and trial experience to the defence of serious criminal charges. He leads Kruse Law Firm with a strategic, practical approach focused on strong advocacy and achieving the best possible outcome for every client.