R. v. MacInnis

R. v. MacInnis

Given the very high BAC (329 mg/100ml), the remote prior impaired driving conviction (applying the gap principle), absence of a s.727(1) notice to invoke enhanced mandatory minima, and balancing significant mitigating factors (guilty plea, military service, rehabilitation efforts) against the need for general deterrence and protection of the public, the court imposed a custodial sentence and ancillary orders proportionate to the aggravated nature of the offence.

Citation
2011 NSPC 94
Parties
Prosecution: Her Majesty the Queen; Accused: Norman Alexander MacInnis
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 November 2011
Procedural Posture
Criminal Impaired Driving (drive Over .08) / Sentencing Decision
Outcome
Accused found guilty on plea and sentenced
Legal Topics
Sentencing Principles, General Deterrence, Gap Principle, Aggravating and Mitigating Factors, Probation, Driving Prohibition, Ignition Interlock, Victim Surcharge
Source Language
English
Criminal Law Sentencing Road Safety Traffic/impaired Driving Law Sentencing Principles General Deterrence Gap Principle Aggravating and Mitigating Factors +4 more

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Parties

Her Majesty the Queen

Prosecution

Norman Alexander MacInnis

Accused

Procedural Posture

Criminal Impaired Driving (drive Over .08) / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for driving over .08 with an extremely high BAC
  2. 2 Application of s.255.1 aggravating circumstance (BAC >160 mg/100ml)
  3. 3 Application of the gap principle to a remote prior impaired driving conviction

Ratio Decidendi

Given the very high BAC (329 mg/100ml), the remote prior impaired driving conviction (applying the gap principle), absence of a s.727(1) notice to invoke enhanced mandatory minima, and balancing significant mitigating factors (guilty plea, military service, rehabilitation efforts) against the need for general deterrence and protection of the public, the court imposed a custodial sentence and ancillary orders proportionate to the aggravated nature of the offence.

Court Disposition

Accused found guilty on plea and sentenced

Orders

  • Custodial sentence of 21 days imprisonment
  • Probation for 9 months with rehabilitative conditions