R. v. Aird

R. v. Aird

Given repeated, flagrant breaches of court-ordered driving prohibitions, driving while uninsured, and offending while on bail, the sentencing objectives of denunciation and deterrence outweighed mitigation; the court applied the jump principle and imposed three consecutive 12-month custodial sentences (total three years) plus consecutive ten-year driving prohibitions for each offence, declined remand credit, and waived victim surcharge.

Citation
2013 NSPC 63
Parties
Crown: Her Majesty the Queen; Accused: Gregory Alan Aird
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 July 2013
Procedural Posture
Indictable Criminal Sentencing — Driving Offences / Sentencing
Outcome
Accused convicted on guilty pleas and sentenced to custody and driving prohibitions as set out below.
Legal Topics
Driving While Prohibited/disqualified, Refusal to Comply With Roadside Screening, Sentencing Principles (denunciation, Deterrence, Totality, Jump/gap), Consecutive Sentences, Driving Prohibition Periods
Source Language
English
Criminal Law Sentencing Road Traffic Offences Driving While Prohibited/disqualified Refusal to Comply With Roadside Screening Sentencing Principles (denunciation, Deterrence, Totality, Jump/gap) Consecutive Sentences Driving Prohibition Periods

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Parties

Her Majesty the Queen

Crown

Gregory Alan Aird

Accused

Procedural Posture

Indictable Criminal Sentencing — Driving Offences / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for multiple indictable driving-while-prohibited offences and a refusal to comply with roadside screening
  2. 2 Application of jump, gap and totality principles in sentencing multiple related offences
  3. 3 Whether remand time should be credited

Ratio Decidendi

Given repeated, flagrant breaches of court-ordered driving prohibitions, driving while uninsured, and offending while on bail, the sentencing objectives of denunciation and deterrence outweighed mitigation; the court applied the jump principle and imposed three consecutive 12-month custodial sentences (total three years) plus consecutive ten-year driving prohibitions for each offence, declined remand credit, and waived victim surcharge.

Court Disposition

Accused convicted on guilty pleas and sentenced to custody and driving prohibitions as set out below.

Orders

  • Sentence of 12 months' imprisonment for s.259(4) offence dated 14 January 2013 (indictable)
  • Sentence of 12 months' imprisonment for s.254(5) refusal offence dated 4 July 2013, to be served consecutively