A Kelowna man with a need for speed successfully appealed his 10-month prison sentence for obstructing a peace officer and dangerous driving in May 2022.
Christopher Blair Muir pleaded guilty to the charges, but despite a joint submission from defence and Crown lawyers of three months less time served, the Justice imposed a longer sentence on April 7.
Filing in B.C. Court of Appeal, the guilty party claimed the Justice erred in imposing a 10-month sentence less time served by failing to consider Crown’s principle justification for the joint submission with defence.
The court heard that on at least 26 occassions Muir had driven at excessive speeds on a motorcycle within the City of Kelowna limits, at times disregarding red traffic lights and performing wheelies. Notable incidents included driving 253 kilometres per hour in a speed zone of 60 km/h on May 6, 2022 and doing wheelies at 123 kilometres per hour on May 9, 2022. These incidents were captured on a go-pro camera that was seized when Muir was arrested.
During the sentencing hearing, it was brought to attention the delay of the charges stemming from the 2022 incidents. In the interim, Muir faced charges for other crimes in 2023 and 2024, including a dangerous driving charge, and was handed a nine-month conditional sentence. Crown prosecutors noted that had the 2022 charges also been dealt with at the same time, “the totallity principle would have applied,” and therefore a three month sentence was fitting.
Defence council noted at the sentencing that although the driving was dangerous, Muir had pleaded guilty, had not caused any property damage, and caused no driving realted injuries.
Justice Willcock, Justice Iyer and Justice Francis backed up Muir’s claims in an appeal decision published June 3 and had the senctence dropped to three months minus time served followed by a three-year driving prohibition.
It was found that the lesser and joint sentence would not signal a breakdown in the function of the justice system.
The three months sentence was imposed less time served of 58 days. The three-year driving prohibition remains.