L'intoxication d'un contrevenant peut être un facteur atténuant, neutre ou aggravant selon les circonstances d'une affaire

R. c. L.P., 2020 QCCA 123

Lien vers la décision

[110]     A high degree of intoxication may, in some circumstances, reduce the moral blameworthiness of an accused and have an impact on sentencing as part of the contextual factors to be considered to render a just sentence.[61] However, that will depend on the circumstances. For example, “some persons become more dangerous while under the influence of intoxicants, and the penalty may reflect that dangerousness”.[62]

[111]     In Régimballe c. R., our Court wrote that intoxication may be treated as a mitigating or aggravating factor in sentencing, depending on the circumstances, but generally, for violent crimes, alcohol intoxication will be considered an aggravating factor, or in the best case scenario, a neutral factor.[63] The consideration of substance or alcohol intoxication in sentencing may thus be considered a mixed factor – aggravating or mitigating, with the emphasis depending on the circumstances.[64]

[112]     The circumstances may include whether the accused knew that, while intoxicated, he may become aggressive or violent but nonetheless kept drinking of failed to meaningfully address an addiction. In such a context, the accused’s blameworthiness is higher and the consumption of alcohol may become an aggravating factor.[65]