R v Proulx 2000 SCC 5
https://www.canlii.org/en/ca/scc/doc/2000/2000scc5/2000scc5.html?autocompleteStr=proulx&autocompletePos=1
Accused pleaded guilty to dangerous driving causing death and dangerous driving causing bodily harm — Accused, 18-year-old male with no previous record of offences, drove mechanically unsafe vehicle after alcohol consumption — Accused drove vehicle erratically and attempted to overtake vehicle, colliding with oncoming motor vehicle and causing one death and serious injuries to accused and one other person — Trial judge determined that accused was rehabilitated and posed no danger to society — Trial judge further held that denunciation of accused's conduct was critical in circumstances, expressly declined to impose conditional sentence, and sentenced accused to 18-month term of imprisonment — Accused's appeal from sentence was allowed and accused was re-sentenced to 18-month conditional term of imprisonment — Crown appealed to Supreme Court of Canada — Appeal allowed — Sentencing order of trial judge entitled to high degree of appellate deference absent clear error — Reasons for sentence disclosed no error of law and were within appropriate range — While conditional sentence could have been ordered in circumstances, Court of Appeal improperly interfered with reasonable exercise of trial judge's discretion to decline conditional sentence.