R. v. McNeil

R. v. McNeil

The court found the accused had sought and engaged in treatment and remained sober since the offence but did not satisfy the threshold that a curative discharge would not be contrary to the public interest given the breach of court undertaking, the prior prohibition, concerns about motivation/timing of treatment and the need for deterrence and public safety; accordingly the court denied a curative discharge and imposed custodial and monetary sentences with a driving prohibition and probationary conditions.

Citation
2013 NSPC 125
Parties
Crown: Her Majesty the Queen; Defendant: Edward Alphonse MacNeil
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 December 2013
Procedural Posture
Criminal (impaired Driving; Driving While Disqualified) / Sentencing
Outcome
Curative discharge denied; convicted and sentenced.
Legal Topics
Curative Discharge S.255(5), Driving Prohibition, Probation Conditions, Deterrence, Recidivism
Source Language
English
Criminal Law Sentencing Impaired Driving Conditional Discharge/curative Treatment Curative Discharge S.255(5) Driving Prohibition Probation Conditions Deterrence +1 more

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Parties

Her Majesty the Queen

Crown

Edward Alphonse MacNeil

Defendant

Procedural Posture

Criminal (impaired Driving; Driving While Disqualified) / Sentencing

Legal Issues

  1. 1 Whether the accused is entitled to a curative discharge under s.255(5) of the Criminal Code
  2. 2 Appropriate sentence if discharge is denied (custody, fines, driving prohibition and conditions)

Ratio Decidendi

The court found the accused had sought and engaged in treatment and remained sober since the offence but did not satisfy the threshold that a curative discharge would not be contrary to the public interest given the breach of court undertaking, the prior prohibition, concerns about motivation/timing of treatment and the need for deterrence and public safety; accordingly the court denied a curative discharge and imposed custodial and monetary sentences with a driving prohibition and probationary conditions.

Court Disposition

Curative discharge denied; convicted and sentenced.

Orders

  • Count under s.253(1)(a): thirty days imprisonment.
  • Count under s.259(4): $1,000 fine plus $150 victim fine surcharge and $112.41 court costs for a total of $1,262.41 (in default 28 days).