Supreme Court of Canada decision: Breath Sample Required in Fatal Accidents

The Supreme Court of Canada released the following decision:

 

R. v. Suter, 2018 SCC 34; File no. 37247

 

Case brief

 

(Criminal law — Sentencing — Considerations — Collateral consequences — Mitigating factors — Accused accidentally driving vehicle onto restaurant patio and killing child — Accused pleading guilty to offence of refusing to provide breath sample knowing that he caused accident resulting in death and sentenced to four months of imprisonment and driving prohibition — Court of Appeal increasing sentence to twenty‑six months of imprisonment — Whether lower courts erred in determining appropriate sentence — Criminal Code, R.S.C. 1985, c. C‑46, ss. 255(3.2) , 718  to 718.2.)