R. v. Reddick

R. v. Reddick

The court concluded that the evidence established both the offender's need for curative treatment and a strong probability of successful rehabilitation (no prior record, credible expert testimony, demonstrated motivation and engagement in counselling), and that with stringent probationary conditions the discharge would not be contrary to the public interest; consequently a 15-month curative discharge with specified conditions was ordered.

Citation
2015 NSPC 62
Parties
Prosecution: Her Majesty the Queen; Accused: Cora Louise Reddick
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 September 2015
Procedural Posture
Criminal (impaired Driving) / Curative Discharge Hearing (sentencing)
Outcome
Application for curative discharge granted
Legal Topics
Curative Discharge, Probation Conditions, Risk Assessment, Expert Evidence, Breathalyzer/presumptive Blood Alcohol
Source Language
English
Criminal Law Sentencing Evidence Curative Discharge Probation Conditions Risk Assessment Expert Evidence Breathalyzer/presumptive Blood Alcohol

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Cora Louise Reddick

Accused

Procedural Posture

Criminal (impaired Driving) / Curative Discharge Hearing (sentencing)

Legal Issues

  1. 1 Whether a curative discharge is appropriate under the Criminal Code
  2. 2 Assessment of relapse risk and public interest in granting a discharge
  3. 3 Admissibility and use of counselling and medical records and expert evidence at sentencing

Ratio Decidendi

The court concluded that the evidence established both the offender's need for curative treatment and a strong probability of successful rehabilitation (no prior record, credible expert testimony, demonstrated motivation and engagement in counselling), and that with stringent probationary conditions the discharge would not be contrary to the public interest; consequently a 15-month curative discharge with specified conditions was ordered.

Court Disposition

Application for curative discharge granted

Orders

  • Curative (conditional) discharge for 15 months
  • Probation order including counselling and substance-use restrictions