R. v. Polley

R. v. Polley

Given extreme dangerous driving on a busy highway while intoxicated, the accused's extensive relevant record including prior impaired driving and driving-while-prohibited convictions, and absence of mitigating factors related to the offence, the objectives of denunciation and deterrence and principles of proportionality and totality required a significant custodial sentence; the court imposed consecutive terms totaling five years custody, a 20-year driving prohibition (to attach to the impaired driving count) and a secondary DNA order.

Citation
2013 NSPC 95
Parties
Crown: Her Majesty the Queen; Accused: Stephen Daniel Polley
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 September 2013
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Accused found guilty and sentenced.
Legal Topics
Impaired Driving, Dangerous Driving, Driving While Prohibited, Sentencing, Repeat Offender
Source Language
English
Criminal Law Impaired Driving Dangerous Driving Driving While Prohibited Sentencing Repeat Offender

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Parties

Her Majesty the Queen

Crown

Stephen Daniel Polley

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Appropriate custodial sentence for impaired driving, dangerous driving and driving while prohibited
  2. 2 Whether consecutive sentences and long driving prohibition are warranted given offender's record
  3. 3 Application of s.718 principles (denunciation, deterrence, proportionality, totality)

Ratio Decidendi

Given extreme dangerous driving on a busy highway while intoxicated, the accused's extensive relevant record including prior impaired driving and driving-while-prohibited convictions, and absence of mitigating factors related to the offence, the objectives of denunciation and deterrence and principles of proportionality and totality required a significant custodial sentence; the court imposed consecutive terms totaling five years custody, a 20-year driving prohibition (to attach to the impaired driving count) and a secondary DNA order.

Court Disposition

Accused found guilty and sentenced.

Orders

  • Count CC 253(1)(a): 2 years custody (to be served consecutively)
  • Count CC 259(4): 1 year custody (to be served consecutively)