Jail time for N.B. drunk driver sets precedent
By Don MacPherson
Canadaeast News Service
May 20, 2008

FREDERICTON - The Court of Appeal increased a Lincoln man's sentence in a fatal drunk-driving case from house arrest to prison time last fall, but only revealed its reasons for doing so this month.

A tribunal of judges from the province's highest court issued its written decision in the Peter Leon Howe appeal, explaining why it found that provincial court Judge Graydon Nicholas erred in allowing a conditional sentence of house arrest.

Howe, 43, had pleaded guilty to July 16, 2006 charges of impaired driving causing death and failing to stop at the scene of an accident.

He struck cyclist Robbie MacRitchie, 23, as he rode his bike on Lincoln Road.

Howe had consumed 24 beers and some whisky that day.

His original sentence, handed down in March 2007, was a conditional sentence of two years less a day, but the Court of Appeal made it 34 months in prison in November.

In an explanation issued recently, the appeals court said Nicholas erred in part by relying on a previous precedent-setting decision that came down before legislation was revised to increase the maximum penalty for offences of impaired driving causing death.

"Second, the sentencing judge erred in principle in imposing concurrent sentences (for the two offences)," wrote Justice Marc Richard in the decision.

The appeals tribunal acknowledged that among the principles of sentencing are the notions of rehabilitation of the offender and the importance of relying on non-custodial sentences whenever appropriate and possible.

But Richard pointed to other important principles in the decision as well.

"... Jurisprudential interpretation of the sentencing framework in matters involving impaired driving causing death calls for particular emphasis on the objectives of denunciation and general deterrence," he wrote.

The court also emphasized the seriousness of drunk-driving offences in the decision.
"Impaired driving is not accidental. It is an offence wilfully committed that can have serious and devastating consequences," Richard wrote.

"The fundamental principle of sentencing is that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

"Where death ensues from the offence, the gravity is evident ... As for Mr. Howe's responsibility, he, and he alone, is responsible for the death of Mr. MacRitchie."

William Corby, senior Crown prosecutor for the Fredericton area, said the case sets a significant precedent and will be referred to by Crown prosecutors throughout the province in future cases of impaired driving causing death.

He said the appeals court didn't go so far as to say that fatal drunk-driving cases carry with them automatic prison sentences, but it has sent a powerful message.

"The facts vary so much with every particular case," he said. "It's certainly a good starting point."