R. v. Young

R. v. Young

The appropriate sentence for the s.252(1.2) offence is 18 months imprisonment with one-to-one credit for 273 days remand (9 months), leaving 9 months custody to be served; the sentence rests on the seriousness of leaving the scene and subsequent concealment efforts as aggravating factors, while pre-impact driving...

Source-derived case information.

Citation
2011 NSPC 66
Parties
Accused: Aaron Young; Crown: Crown; Defence: Defense; Victim: Patrick Cadegan
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 September 2011
Procedural Posture
Criminal / Sentencing
Outcome
Accused convicted (guilty plea) and sentenced to 18 months imprisonment; credit for 273 days remand applied; 9 months remaining to be served; driving prohibition for three years under s.259 Criminal Code.
Legal Topics
Leaving the Scene of an Accident, Hit and Run, Sentencing Principles, Remand Credit, Driving Prohibition
Source Language
english
Criminal Law Traffic/regulatory Law Sentencing Leaving the Scene of an Accident Hit and Run Sentencing Principles Remand Credit Driving Prohibition

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Parties

Aaron Young

Accused

Crown

Crown

Defense

Defence

Patrick Cadegan

Victim

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate custodial sentence for s.252(1.2) Criminal Code offence
  2. 2 Proper remand credit calculation
  3. 3 Weight of aggravating post-offence conduct versus lack of pre-impact culpability

Ratio Decidendi

The appropriate sentence for the s.252(1.2) offence is 18 months imprisonment with one-to-one credit for 273 days remand (9 months), leaving 9 months custody to be served; the sentence rests on the seriousness of leaving the scene and subsequent concealment efforts as aggravating factors, while pre-impact driving was not proved negligent or impaired and therefore did not increase culpability.

Court Disposition

Accused convicted (guilty plea) and sentenced to 18 months imprisonment; credit for 273 days remand applied; 9 months remaining to be served; driving prohibition for three years under s.259 Criminal Code.

Orders

  • Impose 18 months imprisonment for offence contrary to s.252(1.2) Criminal Code
  • Credit for time in custody of 273 days (9 months) resulting in 9 months remaining custodial sentence to be served