R. v. Matthews

R. v. Matthews

The court accepted the joint recommendation as within the appropriate sentencing range and imposed two months custody for the s.249 offences to run concurrently with each other but consecutive to any other sentence, imposed a one year driving prohibition on the s.249(1) conviction, and imposed the Motor Vehicle Act minimum fine of $1,262.41 with two years to pay and minimum default deemed.

Citation
2014 NSPC 85
Parties
Crown: Her Majesty the Queen; Accused: William Kenneth Charles Matthews
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
7 August 2014
Procedural Posture
Criminal Sentencing / Sentencing
Outcome
Court accepted joint recommendation and sentenced the accused as set out in orders.
Legal Topics
Dangerous Operation of a Motor Vehicle, Failure to Stop for a Peace Officer (flight From Police), Driving While Licence Revoked, Concurrent and Consecutive Sentencing
Source Language
English
Criminal Law Motor Vehicle Law Sentencing Dangerous Operation of a Motor Vehicle Failure to Stop for a Peace Officer (flight From Police) Driving While Licence Revoked Concurrent and Consecutive Sentencing

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Parties

Her Majesty the Queen

Crown

William Kenneth Charles Matthews

Accused

Procedural Posture

Criminal Sentencing / Sentencing

Legal Issues

  1. 1 Appropriate sentence for dangerous operation contrary to s.249(1) Criminal Code
  2. 2 Appropriate sentence for failing to stop while fleeing a peace officer contrary to s.249.1(2) Criminal Code
  3. 3 Appropriate penalty for driving while licence revoked contrary to s.287(2) Motor Vehicle Act

Ratio Decidendi

The court accepted the joint recommendation as within the appropriate sentencing range and imposed two months custody for the s.249 offences to run concurrently with each other but consecutive to any other sentence, imposed a one year driving prohibition on the s.249(1) conviction, and imposed the Motor Vehicle Act minimum fine of $1,262.41 with two years to pay and minimum default deemed.

Court Disposition

Court accepted joint recommendation and sentenced the accused as set out in orders.

Orders

  • Two months custody for each s.249 offence to be concurrent to each other but consecutive to any other sentence the accused may be serving, for a total of two months custody
  • One year driving prohibition on the conviction under s.249(1) of the Criminal Code