R. v. Brown, (1991) 125 N.R. 363 (SCC)

• Judge: Gonthier, Cory and Stevenson, JJ.
• Court: Supreme Court (Canada)
• Case Date: May 09, 1991
• Jurisdiction: Canada (Federal)
• Citations: (1991), 125 N.R. 363 (SCC);4 WAC 81;[1991] SCJ No 57 (QL);6 CR (4th) 353;EYB 1991-67924;125 NR 363;30 MVR (2d) 1;93 Sask R 81;1991 CanLII 73 (SCC);66 CCC (3d) 1;[1991] 2 SCR 518

R. v. Brown (1991), 125 N.R. 363 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Kenneth Frederick Brown (appellant) v. Her Majesty the Queen (respondent)

(21855)

Indexed As: R. v. Brown

Supreme Court of Canada

La Forest, L'Heureux-Dubé,

Gonthier, Cory and Stevenson, JJ.

June 27, 1991.

Summar y:

The accused was convicted of dangerous driving and sentenced to 12 months' im­prisonment. The accused appealed the sen­tence.

The Saskatchewan Court of Appeal, Tallis, J.A., dissenting, dismissed the appeal. The accused appealed again.

The Supreme Court of Canada allowed the appeal, and imposed a sentence of six months' imprisonment. The court affirmed a three year driving prohibition.

Criminal Law - Topic 5809.01

Sentencing - General - Sentencer bound by factual implications of jury's verdict - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5809.01

Sentencing - General - Sentencer bound by factual implications of jury's verdict - The Supreme Court of Canada stated that "the sentencer is bound by the express and implied factual implications of the jury's verdict" - See paragraph 15.

Criminal Law - Topic 5865

Sentence - Dangerous driving - The accused was charged with dangerous driv­ing causing death and dangerous driv­ing causing bodily harm, following a motor vehicle accident - He was convicted by a jury of dangerous driving only - On sen­tencing, the trial judge considered the fact that two people died and others were injured in the accident and sentenced the accused to twelve months' imprisonment - The Supreme Court of Canada held that the verdict of dangerous driving simpliciter was binding on the judge and it was not open to the judge to consider facts relating to the charges rejected by the jury - The court reduced the sentence to six months' imprisonment.

Cases Noticed:

Tremblay v. The Queen (1969), 7 C.R.N.S. 315 (Que. C.A.), refd to. [paras. 11, 13].

R. v. Gardiner, [1982] 2 S.C.R. 368; 43 N.R. 361, refd to. [para. 12].

R. v. Speid (1985), 9 O.A.C. 237; 46 C.R. (3d) 22 (C.A.), refd to. [para. 15].

R. v. Smithers, [1978] 1 S.C.R. 506; 15 N.R. 287, refd to. [para. 16].

R. v. Pinske (1988) 6 M.V.R.(2d) 19 (B.C.C.A.), affd. [1989] 2 S.C.R. 979; 100 N.R. 399, refd to. [para. 16].

R. v. Doerksen (1990), 62 Man.R.(2d) 259; 19 M.V.R.(2d) 16 (C.A.), refd to. [para. 18].

Authors and Works Noticed:

Boyle and Aiken, Sentencing Law and Practice (1985), pp. 225, 227, 229 [para. 15].

Fox and Freiberg, Sentencing: State & Federal Law in Victoria (1985), p. 48 [para. 15].

Ruby, Sentencing (3rd Ed.), pp. 61-62 [para. 11].

Stockdale & Devlin, Sentencing (1987), p. 62 [para. 15].

Thomas, Establishing A Factual Basis For Sentencing, [1970] Crim. L.R. 80, p. 82 [para. 14].

Thomas, Principles of Sentencing (2nd Ed.), p. 367 [para. 11].

Counsel:

Peter Foley, Q.C., for the appellant;

Kenneth W. MacKay, Q.C., for the respon­dent.

Solicitors of Record:

Gauley & Co., Saskatoon, Saskatchewan, for the appellant;

Saskatchewan Justice Public Prosecutions, Regina, Saskatchewan, for the respon­dent.

This appeal was heard on May 9, 1991, before La Forest, L'Heureux-Dubé, Gonthier, Cory and Stevenson, JJ., of the Supreme Court of Canada. The decision of the court was delivered by Stevenson, J., in both official languages on June 27, 1991.