R. v. MacPherson

R. v. MacPherson

Concurrent custodial sentences were imposed reflecting the gravity and aggravating features (very high BAC, extreme speed, breach of orders and resulting death/injury); counts 1 and 7 sentenced to 10 years, counts 2 and 6 to four years concurrent, resulting in an aggregate custodial term of ten years; the offender was awarded 3.5 years credit for time served on remand yielding a net term of 6.5 years; a 15-year driving prohibition post-incarceration was ordered; specified counts were stayed.

Citation
2015 NSSC 236
Parties
Prosecution: Her Majesty the Queen; Defendant: Drew William MacPherson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 August 2015
Procedural Posture
Criminal / Sentencing
Outcome
Guilty. Total custodial sentence imposed with credits resulting in net term of 6.5 years; driving prohibition ordered; specified counts stayed.
Legal Topics
Sentencing Principles, Aggravating and Mitigating Factors, Pre Trial Custody Credit, Driving Prohibition, Fitness and Mental Health
Source Language
English
Criminal Law Sentencing Impaired Driving Motor Vehicle Offences Expert Evidence Sentencing Principles Aggravating and Mitigating Factors Pre Trial Custody Credit +2 more

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Parties

Her Majesty the Queen

Prosecution

Drew William MacPherson

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for criminal negligence causing death and bodily harm arising from an alcohol-related motor vehicle collision
  2. 2 Whether s.255.1 Criminal Code aggravating factor (high blood alcohol) applies and its weight
  3. 3 Quantum of credit for time served on remand and treatment of time spent serving other sentences while in custody

Ratio Decidendi

Concurrent custodial sentences were imposed reflecting the gravity and aggravating features (very high BAC, extreme speed, breach of orders and resulting death/injury); counts 1 and 7 sentenced to 10 years, counts 2 and 6 to four years concurrent, resulting in an aggregate custodial term of ten years; the offender was awarded 3.5 years credit for time served on remand yielding a net term of 6.5 years; a 15-year driving prohibition post-incarceration was ordered; specified counts were stayed.

Court Disposition

Guilty. Total custodial sentence imposed with credits resulting in net term of 6.5 years; driving prohibition ordered; specified counts stayed.

Orders

  • Counts 1 and 7: 10 years imprisonment each, concurrent to each other
  • Counts 2 and 6: 4 years imprisonment each, concurrent to each other and concurrent with Counts 1 and 7