R. v. McCarthy's Roofing Ltd.

R. v. McCarthy's Roofing Ltd.

Applying Gladue and mitigating factual circumstances, the offences were at the lower end of seriousness; following R. v. Hatcher the court held that a very brief period of custody (one day per count, served concurrently) satisfies the mandatory-minimum punishment in relation to s.255, and imposed concurrent one-day custody, minimal fines with victim surcharges and one-year driving prohibitions per count; probation was not ordered due to s.731(1)(b).

Citation
2016 NSPC 25
Parties
Prosecution: Her Majesty the Queen; Defendant: Leroy David Denny
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
31 March 2016
Procedural Posture
Criminal Impaired Driving (refusal to Provide Breath Sample) / Sentencing
Outcome
Defendant pleaded guilty to two summary charges under s.254(5) and was convicted and sentenced.
Legal Topics
Refusal to Provide Breath Sample (s.254(5)), Mandatory Minimum Penalties (s.255), Gladue and Ipeelee Considerations, Driving Prohibition (s.259), Concurrency of Sentences, Probation Bars (s.731(1)(b))
Source Language
English
Criminal Law Sentencing Impaired Driving Aboriginal Sentencing Refusal to Provide Breath Sample (s.254(5)) Mandatory Minimum Penalties (s.255) Gladue and Ipeelee Considerations Driving Prohibition (s.259) +2 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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution

Leroy David Denny

Defendant

Procedural Posture

Criminal Impaired Driving (refusal to Provide Breath Sample) / Sentencing

Legal Issues

  1. 1 Whether custodial sentence required to satisfy mandatory minimum for refusal under s.255
  2. 2 Appropriate quantum of sentence given public safety and lower degree of seriousness
  3. 3 Application of Gladue/Ipeelee factors to an Indigenous offender

Ratio Decidendi

Applying Gladue and mitigating factual circumstances, the offences were at the lower end of seriousness; following R. v. Hatcher the court held that a very brief period of custody (one day per count, served concurrently) satisfies the mandatory-minimum punishment in relation to s.255, and imposed concurrent one-day custody, minimal fines with victim surcharges and one-year driving prohibitions per count; probation was not ordered due to s.731(1)(b).

Court Disposition

Defendant pleaded guilty to two summary charges under s.254(5) and was convicted and sentenced.

Orders

  • One day imprisonment per count, to be served concurrently (time served by appearance in court)
  • Fine of $10.00 per count plus victim surcharge of $3.00 per count; combined amounts payable within one year