R v. Copan

R v. Copan

The court accepted the joint recommendation because, applying the Anthony‑Cook public interest test, the proposed sentence would not bring the administration of justice into disrepute; balancing aggravating factors (high BAC and death of passenger) against mitigating factors (age, lack of record, remorse, guilty plea, family responsibilities) and relevant precedents, a two‑year federal term with ancillary orders was fit and appropriate.

Citation
2019 NSSC 111
Parties
Crown: Her Majesty the Queen; Accused: Christopher William Copan
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 March 2019
Procedural Posture
Criminal / Sentencing
Outcome
Guilty plea accepted; sentenced to two years' imprisonment (federal), followed by 24 months probation; driving prohibition total of 5 years (three years in addition to the two‑year custodial sentence); DNA order and 10‑year firearms prohibition; interlock program prohibited for two years.
Legal Topics
Impaired Driving Causing Death, Joint Sentencing Recommendation, Denunciation, Deterrence, Victim Impact Statements, Anthony Cook Public Interest Test
Source Language
English
Criminal Law Sentencing Road Traffic Safety Evidence (toxicology) Impaired Driving Causing Death Joint Sentencing Recommendation Denunciation Deterrence +2 more

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Parties

Her Majesty the Queen

Crown

Christopher William Copan

Accused

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the court should accept a joint sentencing recommendation under the Anthony‑Cook public interest test
  2. 2 Appropriate quantum of sentence for s.255(3.1) impaired driving causing death
  3. 3 Application of sentencing principles: denunciation, general deterrence, parity and restraint in use of incarceration

Ratio Decidendi

The court accepted the joint recommendation because, applying the Anthony‑Cook public interest test, the proposed sentence would not bring the administration of justice into disrepute; balancing aggravating factors (high BAC and death of passenger) against mitigating factors (age, lack of record, remorse, guilty plea, family responsibilities) and relevant precedents, a two‑year federal term with ancillary orders was fit and appropriate.

Court Disposition

Guilty plea accepted; sentenced to two years' imprisonment (federal), followed by 24 months probation; driving prohibition total of 5 years (three years in addition to the two‑year custodial sentence); DNA order and 10‑year firearms prohibition; interlock program prohibited for two years.

Orders

  • Two years' imprisonment in federal custody.
  • Probation for 24 months on the terms and conditions set out in the joint recommendation.