R. v. Brunette (B.J.), 2004 ABQB 237

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 26, 2004
• Citations: 2004 ABQB 237;(2004), 356 A.R. 215 (QB)

R. v. Brunette (B.J.) (2004), 356 A.R. 215 (QB)

MLB headnote and full text

Temp. Cite: [2004] A.R. TBEd. AP.025

Her Majesty the Queen v. Bud James Brunette (accused)

(021111299Q1; 2004 ABQB 237)

Indexed As: R. v. Brunette (B.J.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

March 26, 2004.

Summary:

The accused pleaded guilty to evading peace officers, driving while disqualified, possession of property under $5,000 and breach of a recognizance.

The Alberta Court of Queen's Bench sentenced the accused to an 18-month conditional sentence, the first six months of which contained strict house arrest provisions. The court ordered the accused to perform 240 hours of community service within the first 12 months of the conditional sentence.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The Crown submitted that a further conditional sentence should not be granted to an accused because he was currently the subject of a conditional sentence - The Crown submitted that where consecutive sentences were imposed, the accused was deemed to be serving one sentence commencing at the beginning of the first sentence, and ending on the expiration of the last sentence - Any further conditional sentence would have to meet the requirements of s. 742.1 of the Criminal Code (period of imprisonment less than two years), resulting in a maximum length of consecutive sentence, whether conditional or otherwise, that could be imposed in the present case at less than six months, which would be inadequate - The Alberta Court of Queen's Bench held that since totally different offences were involved in the present matter, the court was not restricted by the fact of the accused's prior conditional sentence - In any event, the prior conditional sentence time period had expired, even though it had not expired at the time the guilty plea was first entered on the present charges - See paragraphs 15 to 21.

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - [See Criminal Law - Topic 5865.2 ].

Criminal Law - Topic 5865.2

Sentence - Failure to stop a motor vehicle pursued by police - The accused pleaded guilty to evading peace officers, driving while disqualified, possession of property under $5,000 and breach of a recognizance - The accused had 46 prior convictions - This was his twenty-first sentencing appearance since 1986 - Strong family support - A good family person to his wife and two children - He and his wife both had good full-time jobs - History of alcohol abuse since his teens - Now sober for over a year - No problems with drinking and crime in the 1.5 years since the offences he was now being sentenced for - The Alberta Court of Queen's Bench sentenced the accused to an 18-month conditional sentence, the first six months of which contained strict house arrest provisions - The court ordered the accused to perform 240 hours of community service within the first 12 months of the conditional sentence.

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - [See Criminal Law - Topic 5865.2 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5865.2 ].

Counsel:

Tania Sarkar (Alberta Justice), for the Crown;

Akram Attia (Attia Reeves), for the accused.

This matter was heard by Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on March 26, 2004.