R. v. Bradshaw

R. v. Bradshaw

Section 234(a) prescribes a minimum punishment (a fine of $50) and therefore the offence is excluded from the s.662.1(1) discharge regime; the Court allowed the Crown's appeal and remitted the matter for conviction entry and sentencing.

Source-derived case information.

Citation
[1976] 1 SCR 162
Parties
Appellant (plaintiff): Her Majesty The Queen; Respondent (defendant): Douglas J. Bradshaw
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 March 1975
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (leave Granted)
Outcome
Appeal allowed
Legal Topics
Discharge Without Conviction, Minimum Punishment, Impaired Driving (s.234), Interpretation of S.662.1
Source Language
english
Criminal Law Sentencing Road Traffic Law Discharge Without Conviction Minimum Punishment Impaired Driving (s.234) Interpretation of S.662.1

Source-derived case record

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Parties

Her Majesty The Queen

Appellant (plaintiff)

Douglas J. Bradshaw

Respondent (defendant)

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario (leave Granted)

Legal Issues

  1. 1 Whether s.662.1(1) discharge is available for an offence under s.234 of the Criminal Code
  2. 2 Whether s.234(a) prescribes a minimum punishment thereby excluding s.662.1(1) relief
  3. 3 Whether a trial judge who states on the record that a conviction will be entered can thereafter grant a conditional discharge

Ratio Decidendi

Section 234(a) prescribes a minimum punishment (a fine of $50) and therefore the offence is excluded from the s.662.1(1) discharge regime; the Court allowed the Crown's appeal and remitted the matter for conviction entry and sentencing.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Remitted to the Provincial Court Judge for entry of a conviction and imposition of a sentence