R v. Robinson

R v. Robinson

Given the offender's youth, lack of criminal record, demonstrated remorse, low risk of re-offending and the ability to craft restrictive punitive conditions that address denunciation and general deterrence, a six-month conditional sentence order with strict conditions (including house arrest, no alcohol, curfew and counselling), followed by 12 months probation and a two-year driving prohibition, is a fit and proportionate sentence for s.320.15(2). The removal of a causation element by legislative amendment does not eliminate the seriousness of the offence but is a factor in assessing moral blameworthiness and sentencing parity.

Citation
2021 NSPC 29
Parties
Crown: Her Majesty the Queen; Accused: Nathan Robinson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 May 2021
Procedural Posture
Criminal Impaired Driving Related Offence (refusal) / Sentencing Decision After Trial (guilty on Count 2)
Outcome
Convicted of count 2 (s.320.15(2)); sentenced to a six-month conditional sentence order, then 12 months probation, and a two-year driving prohibition; victim fine surcharge imposed.
Legal Topics
Refusal to Provide Breath Sample, Bodily Harm, Conditional Sentence, Driving Prohibition, Mandatory Alcohol Screening, Sentencing Principles (proportionality, Deterrence, Denunciation)
Source Language
English
Criminal Law Sentencing Transportation/impaired Driving Refusal to Provide Breath Sample Bodily Harm Conditional Sentence Driving Prohibition Mandatory Alcohol Screening +1 more

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Parties

Her Majesty the Queen

Crown

Nathan Robinson

Accused

Procedural Posture

Criminal Impaired Driving Related Offence (refusal) / Sentencing Decision After Trial (guilty on Count 2)

Legal Issues

  1. 1 Whether the appropriate disposition is custody or a conditional sentence for refusal to comply with a demand in circumstances involving bodily harm (s.320.15(2))
  2. 2 Effect of Bill C-46 and the removal of a causation element on gravity and moral blameworthiness
  3. 3 Whether the offender presents a risk to public safety sufficient to preclude a conditional sentence

Ratio Decidendi

Given the offender's youth, lack of criminal record, demonstrated remorse, low risk of re-offending and the ability to craft restrictive punitive conditions that address denunciation and general deterrence, a six-month conditional sentence order with strict conditions (including house arrest, no alcohol, curfew and counselling), followed by 12 months probation and a two-year driving prohibition, is a fit and proportionate sentence for s.320.15(2). The removal of a causation element by legislative amendment does not eliminate the seriousness of the offence but is a factor in assessing moral blameworthiness and sentencing parity.

Court Disposition

Convicted of count 2 (s.320.15(2)); sentenced to a six-month conditional sentence order, then 12 months probation, and a two-year driving prohibition; victim fine surcharge imposed.

Orders

  • Six-month Conditional Sentence Order with conditions: reporting to probation/sentence supervisor; positive residence requirement; no alcohol or drugs; house arrest for first three months; curfew for remaining three months; counselling; carry a copy of the order at all times
  • Twelve months of probation with conditions including no alcohol