R. v. Campbell (W.P.), (1992) 102 Nfld. & P.E.I.R. 259 (PEITD)

• Judge: Matheson, J.
• Case Date: July 27, 1992
• Jurisdiction: Prince Edward Island
• Citations: (1992), 102 Nfld. & P.E.I.R. 259 (PEITD)

R. v. Campbell (W.P.) (1992), 102 Nfld. & P.E.I.R. 259 (PEITD);

    323 A.P.R. 259

MLB headnote and full text

Her Majesty The Queen (appellant) v. Wanda Pearl Campbell (respondent)

(No. GSC-11250)

Indexed As: R. v. Campbell (W.P.)

Prince Edward Island Supreme Court

Trial Division

Matheson, J.

August 4, 1992.

Summary:

An accused plead guilty to impaired driv­ing and was fined $900, placed on probation for one year and ordered to perform 48 hours of community service. The Crown appealed the sentence.

The Prince Edward Island Supreme Court, Trial Division, dismissed the appeal.

Criminal Law - Topic 5848.5

Sentencing - Considerations on imposing sentence - Proper considerations - Loss of employment - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - An accused, with no criminal record, plead guilty to impaired driving and was fined $900, placed on probation for one year and ordered to perform 48 hours of community service - The Crown appealed the sen­tence, arguing that the trial judge erred by giving consideration to the fact that the accused would lose her employment if she were incarcerated - The Prince Edward Island Supreme Court, Trial Division, dismissed the appeal - The court held that it was not improper to consider loss of employment in determining sentence.

Cases Noticed:

R. v. McKeeman (1990), 83 Nfld. & P.E.I.R. 19; 260 A.P.R. 19 (P.E.I.T.D.), consd. [para. 8].

R. v. Mitchell (1979), 2 Sask.R. 382 (C.A.), refd to. [para. 11].

R. v. A. (1974), 26 C.C.C.(2d) 474 (Ont. H.C.), refd to. [para. 11].

R. v. Stevens and Moore (1989), 78 Nfld. & P.E.I.R. 290; 244 A.P.R. 290 (P.E.I.C.A.), consd. [para. 13].

R. v. Downs (1984), 52 Nfld. & P.E.I.R. 257; 153 A.P.R. 257 (P.E.I.S.C.), consd. [para. 14].

R. v. Beson (1990), 80 Nfld. & P.E.I.R. 242; 249 A.P.R. 242 (Nfld. S.C.T.D.), consd. [para. 15].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 253(a), sect. 255(1)(c) [para. 1].

Authors and Works Noticed:

Ruby on Sentencing (3rd Ed.), p. 10 [para. 15].

Counsel:

Darrell E. Coombs, for the appellant;

J. Melville Campbell, Q.C., for the re­spondent.

This appeal was heard on July 27, 1992, before Matheson, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following judgment on August 4, 1992.