R. v. Rockwell

R. v. Rockwell

The information as drafted validly alleged one continuing offence over the stated dates; however, s.505(3) of the Municipal Government Act treats each day of a continuing contravention as a separate offence for purposes of penalty. Consequently the court may impose the legislated minimum fine per day and aggregate it. The information was not void for duplicity and the appropriate minimum sentence is $100 per day for 185 days, totaling $18,500, with two months imprisonment in default.

Citation
2009 NSPC 23
Parties
Crown: Her Majesty the Queen; Defendant: Maria Rockwell
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 May 2009
Procedural Posture
Summary Conviction (municipal/regulatory) / Sentencing Following Guilty Plea
Outcome
Guilty plea accepted; sentence imposed
Legal Topics
Continuing Offence, Duplicity of Information, Penalty Calculation, Plea and Sentence, Remission/time to Pay
Source Language
English
Municipal Law Land Use/zoning Summary Conviction Procedure Sentencing Continuing Offence Duplicity of Information Penalty Calculation Plea and Sentence +1 more

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Parties

Her Majesty the Queen

Crown

Maria Rockwell

Defendant

Procedural Posture

Summary Conviction (municipal/regulatory) / Sentencing Following Guilty Plea

Legal Issues

  1. 1 Whether a continuing contravention of a municipal land‑use by‑law occurring over many days can be validly charged in a single count
  2. 2 Whether the court may impose daily fines for each day of a continuing offence under s.505(3) of the Municipal Government Act
  3. 3 Whether the information was void for duplicity under Criminal Code s.789(1)(b) or the Summary Proceedings Act

Ratio Decidendi

The information as drafted validly alleged one continuing offence over the stated dates; however, s.505(3) of the Municipal Government Act treats each day of a continuing contravention as a separate offence for purposes of penalty. Consequently the court may impose the legislated minimum fine per day and aggregate it. The information was not void for duplicity and the appropriate minimum sentence is $100 per day for 185 days, totaling $18,500, with two months imprisonment in default.

Court Disposition

Guilty plea accepted; sentence imposed

Orders

  • Fine of $100 per day for 185 days, total $18,500.00 (CAD)
  • In default of payment, two months incarceration