R. v. Currie

R. v. Currie

The judge accepted the joint recommendation because, although the offence was grave and the accused's BAC was high, the mitigating factors (genuine remorse, guilty plea, lack of prior record, positive presentence report, family and employment responsibilities, and the victim family's forgiveness) made a two year federal term with a two year driving prohibition not clearly unreasonable and therefore fit and proper in the circumstances.

Citation
2015 NSSC 15
Parties
Prosecution: Her Majesty the Queen; Accused: Joseph Michael Currie
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
6 January 2015
Procedural Posture
Criminal Impaired Driving Causing Death / Sentencing
Outcome
Guilty plea accepted; sentenced to two years federal imprisonment and two year driving prohibition.
Legal Topics
Impaired Driving Causing Death, Sentencing Principles, Joint Sentencing Recommendations, General Deterrence, Mitigating and Aggravating Factors, Guilty Plea Credit
Source Language
English
Criminal Law Sentencing Impaired Driving Causing Death Sentencing Principles Joint Sentencing Recommendations General Deterrence Mitigating and Aggravating Factors Guilty Plea Credit

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Parties

Her Majesty the Queen

Prosecution

Joseph Michael Currie

Accused

Procedural Posture

Criminal Impaired Driving Causing Death / Sentencing

Legal Issues

  1. 1 Whether to accept the joint recommendation of two years federal incarceration
  2. 2 Appropriate range of sentence for impaired driving causing death
  3. 3 Weight to give mitigating factors (remorse, lack of record, guilty plea, family support) versus aggravating factors (high BAC, death)

Ratio Decidendi

The judge accepted the joint recommendation because, although the offence was grave and the accused's BAC was high, the mitigating factors (genuine remorse, guilty plea, lack of prior record, positive presentence report, family and employment responsibilities, and the victim family's forgiveness) made a two year federal term with a two year driving prohibition not clearly unreasonable and therefore fit and proper in the circumstances.

Court Disposition

Guilty plea accepted; sentenced to two years federal imprisonment and two year driving prohibition.

Orders

  • Two years federal incarceration (penitentiary term)
  • Two year driving prohibition