R. v. Falt

R. v. Falt

No statutory provision permits an offender to effect immediate service of time in default merely by signifying that wish in writing; the Crown had not sought a warrant of committal and non-custodial collection mechanisms exist, therefore the application to serve default time is denied.

Citation
2014 NSPC 38
Parties
Prosecution: Her Majesty the Queen; Accused: James George Peter Falt
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 June 2014
Procedural Posture
Criminal / Post Sentencing Application to Serve Default Time
Outcome
Application to serve default time denied.
Legal Topics
Default Time for Fines, Committal Warrants, Fine Collection Alternatives, Interpretation of Criminal Code Ss.734 737
Source Language
English
Criminal Law Sentencing Penal Enforcement Default Time for Fines Committal Warrants Fine Collection Alternatives Interpretation of Criminal Code Ss.734 737

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Parties

Her Majesty the Queen

Prosecution

James George Peter Falt

Accused

Procedural Posture

Criminal / Post Sentencing Application to Serve Default Time

Legal Issues

  1. 1 Whether an offender may elect to serve time in default of fines merely by signifying the wish in writing
  2. 2 Whether the Crown must initiate committal proceedings before an offender can be imprisoned for unpaid fines
  3. 3 Whether imprisonment for unpaid fines is permissible where non-custodial alternatives have not been exhausted

Ratio Decidendi

No statutory provision permits an offender to effect immediate service of time in default merely by signifying that wish in writing; the Crown had not sought a warrant of committal and non-custodial collection mechanisms exist, therefore the application to serve default time is denied.

Court Disposition

Application to serve default time denied.

Orders

  • Application to serve default time dismissed; no warrant of committal issued.