R. v. Patterson

R. v. Patterson

The court found the November 14, 2017 driving offences serious but morally mitigated by panic and substance intoxication, recognised strong prospects for rehabilitation, gave weight to non‑custodial sentences imposed in Halifax and Truro for related conduct and applied proportionality, parity and totality principles; accordingly the judge suspended passing of sentence and imposed a 12‑month probation order with strict conditions and a 24‑month driving prohibition rather than imprisonment.

Citation
2018 NSPC 46
Parties
Crown: Her Majesty the Queen; Accused: Michael Anthony Patterson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 September 2018
Procedural Posture
Criminal Sentencing / Sentencing Decision
Outcome
Passing of sentence suspended; non‑custodial disposition adopted.
Legal Topics
Dangerous Driving, Driving While Prohibited, Resisting a Peace Officer, Breach of Undertaking, Probation, Remand Credit, Sentencing Parity, Totality
Source Language
English
Criminal Law Sentencing Road Safety Substance Abuse Dangerous Driving Driving While Prohibited Resisting a Peace Officer Breach of Undertaking +4 more

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Parties

Her Majesty the Queen

Crown

Michael Anthony Patterson

Accused

Procedural Posture

Criminal Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether custody was required or a non‑custodial sentence was appropriate
  2. 2 Appropriate length and nature of driving prohibition
  3. 3 Whether remand time required credit or affected sentence

Ratio Decidendi

The court found the November 14, 2017 driving offences serious but morally mitigated by panic and substance intoxication, recognised strong prospects for rehabilitation, gave weight to non‑custodial sentences imposed in Halifax and Truro for related conduct and applied proportionality, parity and totality principles; accordingly the judge suspended passing of sentence and imposed a 12‑month probation order with strict conditions and a 24‑month driving prohibition rather than imprisonment.

Court Disposition

Passing of sentence suspended; non‑custodial disposition adopted.

Orders

  • Passing of sentence suspended on all counts
  • Probation for 12 months with statutory conditions and additional conditions including substance‑abuse and mental‑health assessment and counselling, abstinence from alcohol and intoxicants, urinalysis on demand, reporting to community corrections within two working days, and consent to information releases