R. v. McPhee

R. v. McPhee

Because regulatory offences prioritize public protection and inducement of compliance, sentencing must emphasize specific and general deterrence; balancing the accused's mitigating factors against that objective, the Court imposed a monetary fine, victim surcharge, mandatory training, donation, community service and public industry presentations to achieve deterrence and remedial goals.

Citation
2013 NSPC 78
Parties
Crown: Her Majesty the Queen; Defendant: Darren Joseph McPhee
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 June 2013
Procedural Posture
Criminal Regulatory (occupational Health and Safety) / Sentencing
Outcome
Guilty. Sentenced emphasizing deterrence and public protection: fine, victim surcharge, donation, mandated training, community service and public presentations.
Legal Topics
Due Diligence, Strict Liability, Deterrence, Victim Impact, Fines, Community Service, Restitution, Training
Source Language
English
Criminal Law Occupational Health and Safety Regulatory Offences Sentencing Due Diligence Strict Liability Deterrence Victim Impact +4 more

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Parties

Her Majesty the Queen

Crown

Darren Joseph McPhee

Defendant

Procedural Posture

Criminal Regulatory (occupational Health and Safety) / Sentencing

Legal Issues

  1. 1 Whether the appropriate sentence for a constructor who failed to take every reasonable precaution under s.15(a) OHS Act should prioritize specific and general deterrence
  2. 2 Appropriate weight of mitigating factors (no prior convictions, remorse, positive pre-sentence report, character references) versus public protection
  3. 3 Proportionality and parity with sentences in comparable regulatory offence cases

Ratio Decidendi

Because regulatory offences prioritize public protection and inducement of compliance, sentencing must emphasize specific and general deterrence; balancing the accused's mitigating factors against that objective, the Court imposed a monetary fine, victim surcharge, mandatory training, donation, community service and public industry presentations to achieve deterrence and remedial goals.

Court Disposition

Guilty. Sentenced emphasizing deterrence and public protection: fine, victim surcharge, donation, mandated training, community service and public presentations.

Orders

  • Pay a fine of $5,000 to the clerk of the Court no later than June 30, 2014
  • Pay a victim fine surcharge of $750 no later than June 30, 2014