R. v. Davison

R. v. Davison

A penitentiary term was not required and a conditional sentence was fit and proper given the offender's lack of record, remorse, family support, low risk of re-offending and the need for proportionality; imposed an 18-month conditional sentence (12 months house arrest) with extensive restrictive conditions, followed by six months probation, 100 hours community service, a five-year driving prohibition and a DNA order.

Citation
2006 NSPC 73
Parties
Crown: Her Majesty the Queen; Defendant: Andrew John Davison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
6 December 2006
Procedural Posture
Criminal / Sentencing
Outcome
Conditional sentence imposed: 18 months conditional sentence (12 months house arrest) followed by 6 months probation; ancillary orders including 100 hours community service, complete abstention from alcohol and drugs, weapons prohibition, DNA order and 5 year driving prohibition.
Legal Topics
Impaired Driving, Sentencing, Conditional Sentence, Driving Prohibition, Victim Impact
Source Language
English
Criminal Law Road Traffic Law Impaired Driving Sentencing Conditional Sentence Driving Prohibition Victim Impact

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Parties

Her Majesty the Queen

Crown

Andrew John Davison

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for impaired driving causing bodily harm
  2. 2 Whether a penitentiary term is required
  3. 3 Whether a conditional sentence is permissible and fits the objectives of denunciation and general deterrence

Ratio Decidendi

A penitentiary term was not required and a conditional sentence was fit and proper given the offender's lack of record, remorse, family support, low risk of re-offending and the need for proportionality; imposed an 18-month conditional sentence (12 months house arrest) with extensive restrictive conditions, followed by six months probation, 100 hours community service, a five-year driving prohibition and a DNA order.

Court Disposition

Conditional sentence imposed: 18 months conditional sentence (12 months house arrest) followed by 6 months probation; ancillary orders including 100 hours community service, complete abstention from alcohol and drugs, weapons prohibition, DNA order and 5 year driving prohibition.

Orders

  • 18-month conditional sentence with 12 months to be served under house arrest
  • Six months probation following the conditional sentence