R. v. MacArthur

R. v. MacArthur

On the balance of probabilities the court found the accused in need of curative treatment and that granting a discharge under s.255(5) would not be contrary to the public interest given the evidence of engagement in treatment, past periods of sustained sobriety, no serious consequences from the incident, and compliance with prior probations; therefore a curative discharge was granted with conditions including probation, treatment requirements, a two year driving prohibition and victim surcharge.

Citation
2009 NSPC 61
Parties
Prosecution: Her Majesty The Queen; Defendant: Francis Hugh MacArthur
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 November 2009
Procedural Posture
Criminal Impaired Driving / Sentencing Decision
Outcome
Curative discharge granted under s.255(5); accused discharged under s.730 and placed on probation with conditions
Legal Topics
Curative Discharge, Section 255(5) Criminal Code, Impaired Driving S.253(1)(b), Probation Conditions, Driving Prohibition
Source Language
English
Criminal Law Road Traffic Offences Sentencing Probation Curative Discharge Section 255(5) Criminal Code Impaired Driving S.253(1)(b) Probation Conditions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty The Queen

Prosecution

Francis Hugh MacArthur

Defendant

Procedural Posture

Criminal Impaired Driving / Sentencing Decision

Legal Issues

  1. 1 Whether applicant is eligible for a curative discharge under s.255(5)
  2. 2 Whether granting a curative discharge would be contrary to the public interest given prior offences
  3. 3 Whether the applicant has demonstrated motivation and a reasonable chance of overcoming alcohol dependence

Ratio Decidendi

On the balance of probabilities the court found the accused in need of curative treatment and that granting a discharge under s.255(5) would not be contrary to the public interest given the evidence of engagement in treatment, past periods of sustained sobriety, no serious consequences from the incident, and compliance with prior probations; therefore a curative discharge was granted with conditions including probation, treatment requirements, a two year driving prohibition and victim surcharge.

Court Disposition

Curative discharge granted under s.255(5); accused discharged under s.730 and placed on probation with conditions

Orders

  • Accused discharged under s.730 pursuant to s.255(5) (curative discharge)
  • Placed on probation for 18 months with standard conditions (keep the peace and be of good behaviour; appear when required; notify probation officer of changes; report as directed) and specific conditions to refrain from alcohol/illegal drugs and to attend assessment, counselling and treatment and provide proof of...