R. v. Antoine, (1979) 19 A.R. 492 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: October 30, 1979
• Jurisdiction: Northwest Territories
• Citations: (1979), 19 A.R. 492 (NWTSC)

R. v. Antoine (1979), 19 A.R. 492 (NWTSC)

MLB headnote and full text

R. v. Antoine

Indexed As: R. v. Antoine

Northwest Territories Supreme Court

Tallis, J.

October 30, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5886

Sentence - Impaired driving - The accused was convicted of driving after consuming an excessive amount of alcohol contrary to s. 236 of the Criminal Code - The accused's breathalyzer test results indicated blood alcohol levels of .270 and .250 - The accused was apprehended in an area where children were present - The accused was sentenced: (1) to pay $250.00 within four months or in default 10 days imprisonment and (2) to have his licence suspended for one year with the exception of driving in connection with his work - The accused appealed on the ground that, because he was a first offender, his sentence was excessive - The Northwest Territories Supreme Court dismissed the appeal and held that the trial judge did not err in principle in imposing the sentence.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236 [para. 1].

Counsel:

Pierre Asselin, for the Crown;

Robert Wilson, for the appellant.

This case was heard by TALLIS, J., of the Northwest Territories Supreme Court.

On October 30, 1979, TALLIS, J., delivered the following judgment: