R. v. Johnson

R. v. Johnson

The Supreme Court of Canada in R. v. Wolfe, 2024 SCC 34, holds that discretionary driving prohibitions under s. 320.24(4) of the Criminal Code cannot be imposed for offences that are not enumerated in the section; therefore the Crown’s application for a prohibition following a manslaughter conviction must be dismissed.

Source-derived case information.

Citation
2024 NSSC 322
Parties
Crown: His Majesty the King; Accused: Terry Richard Johnson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 October 2024
Procedural Posture
Criminal / Application for Driving Prohibition Following Conviction and Sentencing
Outcome
Crown application for a Prohibition Order dismissed.
Legal Topics
Driving Prohibition, Manslaughter, Criminal Negligence, Section 320.24(4) Criminal Code, Discretionary Orders
Source Language
english
Criminal Law Statutory Interpretation Sentencing Road Traffic Law Driving Prohibition Manslaughter Criminal Negligence Section 320.24(4) Criminal Code +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

His Majesty the King

Crown

Terry Richard Johnson

Accused

Procedural Posture

Criminal / Application for Driving Prohibition Following Conviction and Sentencing

Legal Issues

  1. 1 Whether a driving prohibition under s. 320.24(4) of the Criminal Code can be imposed following conviction for an offence not enumerated in that section (manslaughter).
  2. 2 Whether the Supreme Court of Canada decision in R. v. Wolfe, 2024 SCC 34, precludes such a prohibition.

Ratio Decidendi

The Supreme Court of Canada in R. v. Wolfe, 2024 SCC 34, holds that discretionary driving prohibitions under s. 320.24(4) of the Criminal Code cannot be imposed for offences that are not enumerated in the section; therefore the Crown’s application for a prohibition following a manslaughter conviction must be dismissed.

Court Disposition

Crown application for a Prohibition Order dismissed.

Orders

  • Application for a driving prohibition under s. 320.24(4) of the Criminal Code dismissed.