R. v. MacAulay

R. v. MacAulay

On the balance of probabilities the court found the accused is a severe alcoholic in need of curative treatment, is genuinely motivated and has a reasonable prospect of rehabilitation, and that granting a conditional discharge under s.255(5) would not be contrary to the public interest; accordingly the court imposed a curative discharge with 36 months probation, a concurrent 36-month driving prohibition, specified probation conditions including abstinence, treatment, community service and a $100 victim surcharge.

Citation
2012 NSPC 135
Parties
Crown: Her Majesty the Queen; Defendant: Michael Daryl MacAulay
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
18 April 2012
Procedural Posture
Criminal Impaired Driving / Sentencing
Outcome
Curative discharge under s.255(5) (conditional discharge) on both counts
Legal Topics
Curative Discharge, Section 255(5), Probation Conditions, Driving Prohibition, Denunciation and Deterrence
Source Language
English
Criminal Law Sentencing Impaired Driving Probation Curative Discharge Section 255(5) Probation Conditions Driving Prohibition +1 more

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Parties

Her Majesty the Queen

Crown

Michael Daryl MacAulay

Defendant

Procedural Posture

Criminal Impaired Driving / Sentencing

Legal Issues

  1. 1 Whether a curative discharge under s.255(5) of the Criminal Code is appropriate
  2. 2 Whether the accused is in need of curative treatment and whether granting a discharge is contrary to the public interest
  3. 3 Assessment of sincerity, prospect of rehabilitation and application of Ashberry factors

Ratio Decidendi

On the balance of probabilities the court found the accused is a severe alcoholic in need of curative treatment, is genuinely motivated and has a reasonable prospect of rehabilitation, and that granting a conditional discharge under s.255(5) would not be contrary to the public interest; accordingly the court imposed a curative discharge with 36 months probation, a concurrent 36-month driving prohibition, specified probation conditions including abstinence, treatment, community service and a $100 victim surcharge.

Court Disposition

Curative discharge under s.255(5) (conditional discharge) on both counts

Orders

  • Conditional discharge with probation for 36 months commencing on date of order
  • Probation conditions: keep the peace and be of good behaviour; appear when required; notify court/probation officer of any change of name,address,employment; report to probation officer as directed; remain within Nova Scotia unless written permission granted