R. v. Henderson (J.A.) 2012 MBCA 9
Criminal Law - Punishments (sentence) - Suspended sentence - Revocation of
On her way home after drinking at a bar, Henderson drove into the back of a City of Winnipeg street-cleaning truck, pinning a City employee between her car and the truck. Henderson pled guilty to impaired driving causing bodily harm. The sentencing judge suspended the passing of sentence and imposed two years’ supervised probation, having concluded the case was out of the ordinary because of the specific factors that caused Henderson to drink, namely, side effects of the drug Mirapex. The Crown appealed, asserting that the judge made palpable and overriding errors of fact with respect to the side effects of Mirapex, that she erred in principle in concluding that there were exceptional circumstances and that the sentence was unfit.
The Manitoba Court of Appeal dismissed the appeal.