R. v. Almassey (D.J.), 2013 SKQB 19

• Judge: Barrington-Foote, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 12, 2012
• Jurisdiction: Saskatchewan
• Citations: 2013 SKQB 19;(2013), 411 Sask.R. 285 (QB)

R. v. Almassey (D.J.) (2013), 411 Sask.R. 285 (QB)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. JA.033

Her Majesty the Queen v. Darren James Almassey

(2011 QB CR No. 891; 2013 SKQB 19)

Indexed As: R. v. Almassey (D.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Estevan

Barrington-Foote, J.

January 16, 2013.

Summary:

The accused pled guilty to two counts of impaired driving. He applied for a curative discharge under s. 255(5) of the Criminal Code.

The Saskatchewan Court of Queen's Bench allowed the application.

Criminal Law - Topic 4434

Procedure - Verdicts, discharges and dismissals - Discharge conditional upon curative treatment - The accused pled guilty to two counts of impaired driving - He applied for a curative discharge under s. 255(5) of the Criminal Code - The Saskatchewan Court of Queen's Bench allowed the application - Evidence from the accused, an addictions counsellor and a probation officer confirmed that the accused needed curative treatment for his alcoholism - The circumstances of the offence did not preclude recourse to a curative discharge because he had not caused damage to any person or property - The accused testified that his career was important to him and that he wanted to mend his family relationships - Based on this and the accused's recent history of seeking treatment for alcoholism, the court found that he was highly motivated to stay sober - Any potential gaps in the treatment plan could be addressed through a probation order that ensured that the appropriate resources were brought to bear - Based on his successful participation in a recent treatment program and his evidence that he no longer considered impaired driving to be acceptable, the court found that there was a high probability that the proposed treatment plan would succeed and that he would never again drive while impaired - The accused had a lengthy criminal record and had been imprisoned for six prior impaired driving convictions - Specific deterrence and the public interest would be better served through a curative discharge - The court granted a curative discharge, placed the accused on probation for two years, and ordered a three year driving prohibition.

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 4434 ].

Cases Noticed:

R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), refd to. [para. 38].

R. v. MacCormack (W.F.) (2000), 224 N.B.R.(2d) 29; 574 A.P.R. 29 (C.A.), refd to. [para. 40].

R. v. Ahenakew (S.D.) (2005), 269 Sask.R. 166; 357 W.A.C. 166; 2005 SKCA 93, refd to. [para. 41].

R. v. Ashberry and Mills (1989), 30 O.A.C. 376; 47 C.C.C.(3d) 138 (C.A.), appld. [para. 41].

R. v. Soosay (M.D.) (2001), 293 A.R. 292; 257 W.A.C. 292; 160 C.C.C.(3d) 437; 2001 ABCA 287, refd to. [para. 45].

R. v. Anaquod (E.G.) (2005), 269 Sask.R. 298; 357 W.A.C. 298; 2005 SKCA 109, refd to. [para. 46].

R. v. Hotomanie (L.) (2001), 207 Sask.R. 241; 247 W.A.C. 241; 2001 SKCA 65, refd to. [para. 46].

R. v. Wallner (1988), 89 A.R. 282; 44 C.C.C.(3d) 358 (C.A.), refd to. [para. 48].

R. v. Mostoway (A.) (2012), 391 Sask.R. 219; 2012 SKPC 36, refd to. [para. 51].

R. v. Redding (D.K.) (2009), 330 Sask.R. 10; 2009 SKPC 33, refd to. [para. 51].

R. v. Gambler (B.A.) (2012), 396 Sask.R. 178; 2012 SKPC 60, refd to. [para. 52].

R. v. Weisgerber (R.) (2009), 340 Sask.R. 298; 2009 SKPC 107, refd to. [para. 53].

R. v. Sandfly (G.) (2010), 355 Sask.R. 130; 2010 SKPC 39, refd to. [para. 53].

R. v. Welch (N.M.) (2011), 369 Sask.R. 239; 2011 SKPC 6, refd to. [para. 53].

R. v. Anderson (C.G.) (2011), 380 Sask.R. 301; 2011 SKPC 172, refd to. [para. 53].

Counsel:

Carmen Choi, for the Crown;

David Kreklewich, for the accused.

This application was heard on December 12, 2012, by Barrington-Foote, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Estevan, who delivered the following judgment on January 16, 2013.