R. v. Bohnet, (1976) 1 A.R. 590 (NWTCA)

• Judge: Clement, Prowse and Moir, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: September 16, 1976
• Jurisdiction: Northwest Territories
• Citations: (1976), 1 A.R. 590 (NWTCA)

R. v. Bohnet (1976), 1 A.R. 590 (NWTCA)

MLB headnote and full text

R. v. Bohnet

Indexed As: R. v. Bohnet

Northwest Territories Court of Appeal

Clement, Prowse and Moir, JJ.A.

September 16, 1976.

Summary:

This case arose out of a charge against the accused of impaired driving contrary to s. 234 of the Criminal Code of Canada, R.S.C. 1970, c. C-34. Because the accused had three prior convictions for impaired driving, the Crown submitted that the accused should be sentenced to a minimum of three months imprisonment under s. 234(c). The trial judge held that s. 234(c) was inapplicable because the Crown did not invoke s. 740(1) in the sentencing procedure on the prior convictions. S. 704(1) required notice to the accused of the intention of the Crown to seek a higher sentence because of prior convictions. The Crown appealed.

The Court of Appeal allowed the appeal and imposed the minimum sentence of three months imprisonment on the accused under s. 234(c). The Court of Appeal held that the application of s. 234(c) did not require that the Crown had invoked s. 740(1) in the sentencing procedure on the prior convictions.

Criminal Law - Topic 5606

Punishments - Increased punishment for prior convictions - Criminal Code of Canada, R.S.C. 1970, c. C-34, ss. 234, 740(1) - Whether s. 740(1), requiring notice to the accused of the intention of the Crown to seek a higher sentence because of prior convictions, must have been invoked in the sentencing procedure on the prior convictions to permit a higher sentence on the current offence - The Northwest Territories Court of Appeal held that all that was necessary to impose an increased sentence on the accused because of his prior convictions was for the Crown to give notice of its intention to seek a higher sentence for the current offence.

Criminal Law - Topic 5886

Sentence - Impaired driving - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 234 - The accused had three prior convictions for impaired driving - The Northwest Territories Court of Appeal sentenced the accused to the minimum of three months imprisonment under s. 234(c).

Cases Noticed:

R. v. Enders, [1963] 2 C.C.C. 172, refd to. [para. 3].

R. v. Pidlubny (1973), 10 C.C.C.(2d) 178, refd to. [para. 5].

R. v. Taylor, [1964] 1 C.C.C. 207, refd to. [para. 5].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 234 [para. 1]; sect. 740(1) [para. 5].

Counsel:

B. Fontaine, for the appellant;

J.E. Richard, for the respondent.

This case was heard before CLEMENT, PROWSE and MOIR, JJ.A., of the Northwest Territories Court of Appeal.

On September 16, 1976, CLEMENT, J.A., delivered the following judgment of the Court of Appeal: