In sentencing for dangerous driving occasioning death, evidence of alcohol consumption and resulting impairment of driving skills is relevant to moral culpability, objective seriousness, and general deterrence even where the Crown cannot prove beyond reasonable doubt that the offender's blood alcohol concentration exceeded the legal limit. The aggravating factor of degree of intoxication identified in R v Whyte is not confined to intoxication constituting a separate offence. It is not necessary to prove that impairment caused the collision for it to be relevant to moral culpability.
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