SENTENCING — Dangerous operation of motor vehicle — Flight from police — Aggravating factors — Previous record

Law360 Canada (July 25, 2024, 1:39 PM EDT) -- Appeal by Crown from sentence imposed on McCool from convictions for dangerous operation of motor vehicle and flight from police. McCool, a suspended driver at the time of the offence, led police on a dangerous high-speed chase for over 15 km, driving erratically until forced to stop. She ignored commands to stop, reversed her car while an officer was partially inside through the window, dragging him. When stopped, she again fled briefly before crashing into a ditch. The Crown argued that the reasons for sentencing reflected errors in principle and that the six-months’ custodial sentence followed by 18-months’ probation was demonstrably unfit and too lenient given the extreme danger and disregard for police commands. The Crown sought a two and a half years’ custodial sentence to reflect the paramount principles of denunciation and deterrence. The defence sought a conditional or 90-day intermittent sentence, arguing some rehabilitative potential existed despite McCool’s lengthy criminal and driving record of disregarding court orders....
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