R. v. Dubois

R. v. Dubois

Given the extreme BAC, serious injury caused, prior relevant record and fraud on the court, significant custodial sentences are required for denunciation and deterrence; the court calculated individual pre-totality sentences then reduced them applying totality to impose an aggregate sentence of 27 months incarceration, declined remand credit because custody was served in Ontario, imposed two concurrent ten-year driving prohibitions tied to the term of imprisonment and declined victim surcharge due to undue hardship.

Citation
2011 NSPC 69
Parties
Crown: Her Majesty the Queen; Accused: Gary Edward Dubois
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 August 2011
Procedural Posture
Criminal / Sentencing Hearing
Outcome
Guilty pleas accepted; aggregate custodial sentence imposed with ancillary orders
Legal Topics
Impaired Driving Causing Bodily Harm, Over .08 Driving, Driving While Disqualified/prohibited, Perverting the Course of Justice/obstruction, Failure to Appear, Totality Principle, Remand Credit, Driver Prohibition Orders, Victim Surcharge
Source Language
English
Criminal Law Sentencing Law Road Safety Law Impaired Driving Causing Bodily Harm Over .08 Driving Driving While Disqualified/prohibited Perverting the Course of Justice/obstruction Failure to Appear +4 more

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Parties

Her Majesty the Queen

Crown

Gary Edward Dubois

Accused

Procedural Posture

Criminal / Sentencing Hearing

Legal Issues

  1. 1 Appropriate custodial sentence for multiple serious offences including impaired causing bodily harm and fraud on the court
  2. 2 Application of totality principle to aggregate sentences
  3. 3 Whether remand credit should be granted given custody served in another jurisdiction

Ratio Decidendi

Given the extreme BAC, serious injury caused, prior relevant record and fraud on the court, significant custodial sentences are required for denunciation and deterrence; the court calculated individual pre-totality sentences then reduced them applying totality to impose an aggregate sentence of 27 months incarceration, declined remand credit because custody was served in Ontario, imposed two concurrent ten-year driving prohibitions tied to the term of imprisonment and declined victim surcharge due to undue hardship.

Court Disposition

Guilty pleas accepted; aggregate custodial sentence imposed with ancillary orders

Orders

  • Case no. 1868885 (drive over .08): 6 months incarceration (after totality adjustment)
  • Case no. 1868886 (drive while prohibited): 1 month incarceration consecutive to 1868885