R. v. MacInnis

R. v. MacInnis

Because the provincial licence revocation arose from Motor Vehicle Act suspensions/revocation for demerit‑point accumulation and not from a Criminal Code conviction under s.730 for offences listed in ss.259(1),(2),(3.1)–(3.4), it did not constitute a "disqualification" under s.259(5); therefore the s.259(4) offence was not made out and the charge was withdrawn, and the court properly refused to impose additional punishment for that withdrawn offence, instead imposing the agreed 15‑day term for the s.129(a) offence consecutive to time being served plus the mandatory victim surcharge.

Citation
2016 NSPC 33
Parties
Crown: Her Majesty the Queen; Accused: Robert Douglas MacInnis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea withdrawn and s.259(4) count withdrawn; sentenced on s.129(a) obstruction count to 15 days imprisonment to be served consecutively to time being served; $100 victim surcharge imposed with 12 months to pay; no ancillary orders.
Legal Topics
Driving While Disqualified (s.259(4) Criminal Code), Obstruction of a Peace Officer (s.129(a) Criminal Code), Definition of Disqualification (s.259(5) Criminal Code), Provincial Licence Revocation (motor Vehicle Act), Plea Agreement and Withdrawal, Victim Surcharge, Consecutive Sentences and Corrections and Conditional Release Act
Source Language
English
Criminal Law Sentencing Statutory Interpretation Administrative/regulatory Law Driving While Disqualified (s.259(4) Criminal Code) Obstruction of a Peace Officer (s.129(a) Criminal Code) Definition of Disqualification (s.259(5) Criminal Code) Provincial Licence Revocation (motor Vehicle Act) +3 more

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Parties

Her Majesty the Queen

Crown

Robert Douglas MacInnis

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the accused was properly charged under s.259(4) Criminal Code given the definition of "disqualification" in s.259(5)
  2. 2 Whether a sentence component agreed for a charge that is withdrawn can be added to the remaining sentence
  3. 3 Whether a provincial licence revocation for demerit‑point accumulation/revocation under Motor Vehicle Act constitutes a "disqualification" under s.259(5)(b)(i)

Ratio Decidendi

Because the provincial licence revocation arose from Motor Vehicle Act suspensions/revocation for demerit‑point accumulation and not from a Criminal Code conviction under s.730 for offences listed in ss.259(1),(2),(3.1)–(3.4), it did not constitute a "disqualification" under s.259(5); therefore the s.259(4) offence was not made out and the charge was withdrawn, and the court properly refused to impose additional punishment for that withdrawn offence, instead imposing the agreed 15‑day term for the s.129(a) offence consecutive to time being served plus the mandatory victim surcharge.

Court Disposition

Guilty plea withdrawn and s.259(4) count withdrawn; sentenced on s.129(a) obstruction count to 15 days imprisonment to be served consecutively to time being served; $100 victim surcharge imposed with 12 months to pay; no ancillary orders.

Orders

  • Guilty plea to s.259(4) Criminal Code withdrawn and charge dismissed.
  • On conviction for s.129(a) Criminal Code (obstruction), impose 15 days imprisonment to be served consecutively to time currently being served.