R. v. MacBeth

R. v. MacBeth

Because the prosecution admitted MacBeth's need for curative treatment and the court found on the balance of probabilities (applying Ashberry factors) that he had an exceptional combination of genuine commitment to treatment, accessible and appropriate therapy, a favourable prognosis and manageable public risk, the court concluded that granting a conditional curative discharge under s.255(5) for the three s.253(1)(b) offences was not contrary to the public interest; breaches of bail were dealt with by fines and victim surcharges.

Citation
2017 NSPC 46
Parties
Prosecution: Her Majesty the Queen; Defendant: Gilbert Aaron MacBeth
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 September 2017
Procedural Posture
Criminal Impaired Driving and Bail Breaches / Sentencing
Outcome
Curative discharge under s.255(5) granted for three s.253(1)(b) offences; fines imposed for two breach-of-bail counts
Legal Topics
Curative Discharge Under S.255(5), Mandatory Minimums (s.255), Section 253(1)(b) Impaired Driving, Breach of Bail, Driving Prohibition, Victim Surcharge
Source Language
English
Criminal Law Sentencing Impaired Driving Bail Probation Mental Health and Addiction Curative Discharge Under S.255(5) Mandatory Minimums (s.255) +4 more

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Parties

Her Majesty the Queen

Prosecution

Gilbert Aaron MacBeth

Defendant

Procedural Posture

Criminal Impaired Driving and Bail Breaches / Sentencing

Legal Issues

  1. 1 Whether a curative discharge under s.255(5) is appropriate
  2. 2 Whether granting a discharge would be contrary to the public interest
  3. 3 Applicability of mandatory minimum imprisonment under s.255(1)

Ratio Decidendi

Because the prosecution admitted MacBeth's need for curative treatment and the court found on the balance of probabilities (applying Ashberry factors) that he had an exceptional combination of genuine commitment to treatment, accessible and appropriate therapy, a favourable prognosis and manageable public risk, the court concluded that granting a conditional curative discharge under s.255(5) for the three s.253(1)(b) offences was not contrary to the public interest; breaches of bail were dealt with by fines and victim surcharges.

Court Disposition

Curative discharge under s.255(5) granted for three s.253(1)(b) offences; fines imposed for two breach-of-bail counts

Orders

  • Conditional discharge under s.255(5) on conditions of a three-year probation order beginning immediately applicable to case nos. 3016981, 8004259 and 3020488
  • Driving prohibition of two years for case no. 3016981