R. v. Jesso

R. v. Jesso

On the balance of probabilities the accused requires curative treatment and granting a conditional curative discharge is not contrary to the public interest given his demonstrated motivation, ongoing treatment, employment stability, available local treatment and stringent probation conditions; accordingly a 30-month probationary period with specified conditions and a five-year driving prohibition is imposed with a curative discharge to be granted upon successful completion.

Citation
2016 NSPC 61
Parties
Crown: R.; Accused: Manuel Joseph Jesso
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 October 2016
Procedural Posture
Criminal Impaired Driving (s.253 Cc) / Sentencing
Outcome
Curative treatment discharge to be granted upon successful completion of 30 months probation; accused placed on probation with specific conditions and prohibited from driving for five years; $100 victim fine surcharge ordered.
Legal Topics
Curative Treatment Discharge, Probation Conditions, Driving Prohibition, Public Interest in Sentencing, Prior Convictions
Source Language
English
Criminal Law Sentencing Impaired Driving Rehabilitative Remedies Curative Treatment Discharge Probation Conditions Driving Prohibition Public Interest in Sentencing +1 more

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Parties

R.

Crown

Manuel Joseph Jesso

Accused

Procedural Posture

Criminal Impaired Driving (s.253 Cc) / Sentencing

Legal Issues

  1. 1 Whether the accused is in need of curative treatment for alcohol addiction
  2. 2 Whether granting a curative treatment discharge would be contrary to the public interest
  3. 3 What probation conditions are necessary and appropriate

Ratio Decidendi

On the balance of probabilities the accused requires curative treatment and granting a conditional curative discharge is not contrary to the public interest given his demonstrated motivation, ongoing treatment, employment stability, available local treatment and stringent probation conditions; accordingly a 30-month probationary period with specified conditions and a five-year driving prohibition is imposed with a curative discharge to be granted upon successful completion.

Court Disposition

Curative treatment discharge to be granted upon successful completion of 30 months probation; accused placed on probation with specific conditions and prohibited from driving for five years; $100 victim fine surcharge ordered.

Orders

  • Accused placed on probation for 30 months with conditions: keep the peace and be of good behaviour; report to and remain under supervision of probation officer and report within two days; abstain absolutely from alcohol and non-prescribed drugs; remain away from places where the primary function is sale of alcohol;...
  • Upon successful completion of probation a curative discharge will be granted under s.730.