R. v. Fraser

R. v. Fraser

Given the offender's limited record, panic-driven flight, timing (low traffic risk), and significant remand (108 days), the court calculated remand credit at 1.5:1 (162 days), suspended passing of sentence on each count and imposed an 18-month probation order; remand credit obviated immediate custody for the dangerous driving and flight counts (would have been 60 days each concurrent), a DNA order for the secondary-designated offence was ordered, driving prohibition of 15 months was imposed concurrent on the two driving counts, and a two-year s.110 public-safety order was imposed for the assault on a peace officer.

Citation
2016 NSPC 49
Parties
Crown (prosecution): Her Majesty the Queen; Accused (defendant): Barrett Johnston Fraser
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 August 2016
Procedural Posture
Criminal Sentencing / Sentencing Decision (provincial Court)
Outcome
Sentence suspended on each count; probation 18 months; remand credit applied; DNA order made; driving prohibition and s.110 order imposed; victim surcharges ordered.
Legal Topics
Dangerous Operation of a Motor Vehicle, Flight From Police, Assault of a Peace Officer, Remand Credit, DNA Collection Order (secondary Designated Offence), Driving Prohibition, Conditional Sentence Eligibility, Deterrence and Proportionality
Source Language
English
Criminal Law Sentencing Traffic and Highway Safety Dangerous Operation of a Motor Vehicle Flight From Police Assault of a Peace Officer Remand Credit DNA Collection Order (secondary Designated Offence) +3 more

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Parties

Her Majesty the Queen

Crown (prosecution)

Barrett Johnston Fraser

Accused (defendant)

Procedural Posture

Criminal Sentencing / Sentencing Decision (provincial Court)

Legal Issues

  1. 1 Appropriate sentence for guilty pleas to dangerous operation (s.249(1)(a)), flight from police (s.249.1(1)), and assaulting a peace officer (s.270(1)(a))
  2. 2 Quantum and application of remand credit
  3. 3 Whether a conditional sentence is appropriate

Ratio Decidendi

Given the offender's limited record, panic-driven flight, timing (low traffic risk), and significant remand (108 days), the court calculated remand credit at 1.5:1 (162 days), suspended passing of sentence on each count and imposed an 18-month probation order; remand credit obviated immediate custody for the dangerous driving and flight counts (would have been 60 days each concurrent), a DNA order for the secondary-designated offence was ordered, driving prohibition of 15 months was imposed concurrent on the two driving counts, and a two-year s.110 public-safety order was imposed for the assault on a peace officer.

Court Disposition

Sentence suspended on each count; probation 18 months; remand credit applied; DNA order made; driving prohibition and s.110 order imposed; victim surcharges ordered.

Orders

  • Suspended passing of sentence on counts 2987313 (s.270(1)(a)), 2987316 (s.249(1)(a)), and 2987317 (s.249.1(1)); placed on probation for 18 months with appropriate conditions
  • Remand credit awarded at 1.5 days per day for 108 days remand = 162 days credit