Sentencing Submissions for Guilty Plea to Dangerous Driving Charge

Facts/Background

This assignment is to prepare sentencing submissions that you will present in class, during a “mock” hearing, as a group. You will be provided with a synopsis of the facts of the case. Each group will consist of 5-6 students. Half the students will present on behalf of the Crown. The other half will present on behalf of the defence. Given that each student will have approximately three (3) minutes to make submissions, the topics to be covered will be provided. Please see the attached synopsis and group roles for more details. You must work as a group to formulate your respective positions and prepare your oral submissions. It is your responsibility to form your own group. You may decide, within your group, who will play the role of the Crown and Defence, so long as each student presents at least one area of submissions.

Ms. Vant is scheduled to enter a guilty plea to one count of dangerous driving. In order to facilitate this plea by a paralegal practitioner, the Crown has elected to proceed by summary conviction.  The facts are that on the day in question, May 15, 2020, Ms. Vant and a group of friends were celebrating the end of the school term. They went out to a bar where Ms. Vant consumed one shot of vodka. After several hours, she realized that she needed to return home. Ms. Vant left with another friend, Harrison Park, who was also celebrating the end of the school year. Mr. Park was complaining of not feeling well, which caused Ms. Vant to drive well over the speed limit and make a number of unsafe lane changes. Eventually, she lost control while driving on the QEW when she took the Kipling exit ramp at a high rate of speed. Her vehicle came into contact with the guardrail. It appears that Mr. Park was not wearing his seat belt and was thrown against the front passenger window where he received a number of cuts to his face. He required medical treatment for his sutures, but was released from the hospital without further admission. Ms. Vant received some injuries to her abdomen and arms due to the air bag deploying in her car.

 

A civilian witness stopped on the onramp next to Ms. Vant’s vehicle and called the police. He later provided a statement that he had been driving behind Ms. Vant’s vehicle and noticed her make a number of fast lane changes, swerving across multiple lanes on the QEW and forcing other drivers to slam on their brakes. When police officers attended the scene, the investigating officer detected an odour of alcohol on both Ms. Vant and Mr. Park. A roadside breath test revealed that Ms. Vant had a blood alcohol concentration of .40 mgs, or about half the amount of the legal limit. No drinking and driving charges were laid, although as Ms. Vant was a graduated driver, she contravened the requirements in her permit that she have no alcohol in her system while driving. In exchange for her early guilty plea, the Highway Traffic Act (“HTA”) charge of drive in contravention of permit was withdrawn.

 

Ms. Vant is 20 years old. She has no criminal record. However, she has a record of driving infractions under the HTA for offences of speeding and not wearing a seatbelt. She currently has 7 demerit points. Ms. Vant was extremely remorseful and entered an early guilty plea. She was also apologetic for her conduct, and readily admitted that she was driving in a dangerous manner. However, she blames Mr. Park for causing the accident, as it was due to his feeling unwell that she felt she needed to drive in the manner that she did. Mr. Park, in turn, believes that Ms. Vant was driving too quickly as she needed to get home due to her curfew with the car, and denies urging her to drive too quickly. His injuries were not long-lasting, but did cause him considerable pain and discomfort for a few weeks until his injuries healed.