Balancing Justice: Sentencing for Impaired Causing Bodily Harm

Hello thanks for joining me today, I want to talk to you about the range of sentence for impaired causing bodily harm sentencing in Canada and specifically in Ontario. So let’s take a first time impaired causing bodily harm. What are the possible range? Well, I would say anywhere from about two months in jail, up to penitentiary time. Two years less a day just out of the penitentiary, and I’m going to give you an example. So where might you get two months? Well, you’d be a first time offender, very low level injury. Maybe minor broken nose or something like that. Okay at the two months level. Let’s add something else in cases dealing with broken legs. Well, I’ve seen anywhere from six to twelve months in those range. And then once we get into serious, quite more serious injuries, we’re looking closer to that two year level. Could it be above two years? Yes. I can think of the worst case scenario of course where someone’s rendered quadriplegic or paraplegic. I’ve seen cases certainly over the two year limit in into penitentiary terms for sure. There’s no question about it. So what about repeat offenders? So if someone’s a repeat offender, let’s say they had prior impaired driving convictions, prior dangerous driving, we’re into a whole new level there. The maximum jail term for impaired causing bodily harm is 10 years. So that’s 10 years of course, it would be reserved for the worst offence and the worst offender so someone with multiple DUI convictions, dangerous driving convictions and render someone a paraplegic I mean, they could easily get the 10 years I suppose. So the worst case of worst offender and then the judge has to weigh general deterrence. Weigh specific deterrence and apply certain sentencing principles. And the most important thing is you we’re punishing this specific offender so you get credit if you’ve lead a blameless life, you’re more minimal sentences under two years. If you’re otherwise you’re looking at something higher of course. So that’s what you’re facing for unfortunately, causing impairment causing bodily harm in Ontario. It’s a very serious offence and with very serious significant penalties, I can tell you, the ranges seem to be constantly increasing because when I first started practicing, they were ranging for a matter of months and they seem to be going up every decade and quite rightfully so. It’s a serious offence and there are serious penalties, and general specific deterrence for other Canadians. Thank you for watching our video. We are absolutely committed to bringing 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 to the criminal offences Ontario and require our services, please click on the link in the description below.