R v Gladue, 2018 ABCA 383 (Slatter):
[1] F.F. SLATTER J.A. (orally):– The appellant appeals the total 30 month sentence he received for three charges of driving while suspended. These were his 10th, 11th and 12th convictions for driving while suspended, the last two occurring while he was on interim release with respect to the earlier ones. He had received increasingly severe punishments for his earlier offences, culminating in a 9 month sentence for driving while suspended in 2014. His record shows about 84 convictions, including many for breaches of court imposed conditions.
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[4] The sentencing judge imposed a 6 month sentence on the first charge, and a 12 month consecutive sentence on the second charge. She would have notionally imposed an 18 month consecutive sentence on the third charge, but
reduced it to 12 months to account for totality. None of the individual sentences reflect an unreasonable step up from his previous 9 month sentence. Any further deduction for Gladue factors would just set off the need for a totality adjustment. The total resulting sentence of 30 months is stern, but it adequately reflects all of the appellant’s personal circumstances, and is not demonstrably unfit.-
Case Categories: 8a - SENTENCING - Specific crimes and Drive Disqualified / Under Suspension