Drunk driving is not only a serious criminal offence but one that can cause a lot of reputational and personal damage. When that impaired driving causes death, the consequences can become far more severe.
When it comes to sentencing, the courts must balance many different factors to come to a fair decision. Here, we not only look at drunk driving manslaughter sentence but also why these cases can be more complex than many assume.
Understanding Drunk Driving Manslaughter Sentencing
If there is a death due to drunk driving, it can be charged as manslaughter, but is often instead charged as impaired driving causing death. This is a specific offence for these crimes and was brought in due to impaired driving being one of the most common causes of preventable death.
There are a few key reasons why this is helpful. Due to the complex nature of manslaughter, it doesn’t have a minimum sentence. Impaired driving causing death is more straightforward, and therefore, there is a minimum sentence of four years’ imprisonment. This reflects the public attitude to such crimes and allows for more consistency in sentencing.
The complexity of manslaughter can often cause challenges to the Crown when it comes to proving the foreseeable risk. Once impairment and the cause of death are confirmed, the guilt of the accused can be quickly proven beyond a reasonable doubt.
Manslaughter Can Still Be Used
In the most serious of cases, it can still be tried as manslaughter. This is usually because the prosecutors want to highlight the seriousness of the crime and look for harsher prison sentences. When it comes to how to sentence manslaughter, aggravating factors can be key.
An obvious example would be if there were multiple victims. While the theoretical harshest sentence for impaired driving causing death, this is never given. Due to how courts usually apply and interpret sentencing principles, imprisonment of 4-10 years is more likely.
With manslaughter cases, higher sentences are often delivered, especially in the worst cases. Public perception and moral blameworthiness can be a factor, too. Manslaughter is seen as a more heinous crime, and the prosecution may view it as just to pursue the case like this.
Sentences for Impaired Driving Causing Death vs. Manslaughter
The sentencing ranges for these crimes may seem to contradict what we just said. While impaired driving causing death has a minimum sentence of four years and a maximum of life imprisonment, manslaughter has no minimum sentence for driving offences.
However, in reality, the common sentences for impaired driving causing death are quite narrow, whereas in manslaughter, the full scale can be used. For impaired driving, prison sentences of 4-10 years are most often seen, depending on the aggravating factors.
As we’ve seen, if a case is pursued as manslaughter, it’s often because it’s more serious. A case that involved extreme recklessness and other aggravating factors can often see sentences in the 10 to 15-year range. Life imprisonment is possible.
If the case is pursued as manslaughter but doesn’t have a high degree of recklessness, then sentences will be similar to those under impaired driving causing death. This shows just how vital an experienced impaired driving lawyer can be to the outcome of a case.
Related Article: https://www.agpllp.ca/what-is-the-sentencing-for-manslaughter-in-canada/
Aggravating Factors in Death by Drunk Driving
For those accused of these crimes, the wide sentencing guidelines can be frustrating as they give you few clues on the exact sentence you may be given. This is where aggravating factors come into play. These are circumstances around the crime that increase moral blameworthiness.
Let’s take a look at the most common aggravating factors:
Degree of Impairment – Were you just over the limit or extremely intoxicated? A significant presence of alcohol or drugs will lead to harsher sentencing.
Manner of Driving – It could be that you were driving under the speed limit but made a driving error. This will be better than if you were speeding, evading police, ignoring traffic signals, etc.
Prior Record – Previous convictions of related crimes will lead to harsher sentencing
Remorse and Guilty Pleas – An early guilty plea and/or genuine remorse can be received favorably by the courts.
Impact on Victims’ Families – The impact of the crime will also be considered. This can be especially true if it involves vulnerable members of society, such as children.
Multiple Victims – Perhaps the biggest aggravating factor is if there were multiple fatalities.
To get a rough gauge on possible sentencing, you can see which of these factors apply to a specific case. As you may suspect, if there are multiple aggravating factors, the chance of a higher sentence drastically increases.
Related Article: https://www.agpllp.ca/the-role-of-mitigating-factors-in-manslaughter-cases/
Final Thoughts
Giving accurate estimates for drunk driving manslaughter sentencing can be hugely difficult, especially as the case is more likely to be tried as impaired driving causing death. If it is, a guilty verdict will result in at least a four-year prison term.
If the case proceeds as manslaughter, this could be much higher. Due to the complex nature of sentencing and the influence of aggravating factors, it’s vital to get experienced legal help. Contact AGP LLP today, and we’ll be happy to look into your case.
