Where the Crown provides incorrect factual information to a sentencing judge which the judge treats as a significant aggravating factor, the Court of Criminal Appeal will intervene and resentence. The Jurisic guideline judgment applies to the basic offence of dangerous driving occasioning death; the aggravated form of the offence (blood alcohol exceeding 0.15%) attracts higher sentences. A blood alcohol concentration of 0.219% causing two deaths, with guilty pleas and no significant priors, attracted a total sentence of seven years imprisonment on resentencing.
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