R. v. Checkley (D.J.), (1995) 132 Sask.R. 238 (QB)

• Judge: Armstrong, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 23, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 132 Sask.R. 238 (QB)

R. v. Checkley (D.J.) (1995), 132 Sask.R. 238 (QB)

MLB headnote and full text

Her Majesty The Queen (appellant) v. Darin J. Checkley (respondent)

(1994 Q.B. No. 270)

Indexed As: R. v. Checkley (D.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Swift Current

Armstrong, J.

May 23, 1995.

Summary:

The accused was convicted of having care or control with an excessive blood-alcohol level contrary to s. 253(b) and s. 255(1) of the Criminal Code. The accused was sen­tenced to 25 days' imprisonment, six months' probation and given a three year driving prohibition. The Crown appealed the sen­tence.

The Saskatchewan Court of Queen's Bench allowed the appeal and substituted a sen­tence of 90 days and a three year driving prohibition.

Criminal Law - Topic 5606

Punishments (sentence) - Increased pun­ishment for prior convictions - The accused was convicted of having care or control with an excessive blood-alcohol level - The Crown sought a greater pun­ishment because of two previous convic­tions - The trial judge stated that the third conviction had to be treated as a second conviction for the purposes of s. 255(1) of the Criminal Code because the second conviction was treated as a first conviction for sentencing purposes - The accused was sentenced to 25 days' imprisonment and six months' probation - The Saskatchewan Court of Queen's Bench held that there was no progression of penalties and a third conviction could be treated as such re­gardless of the sentence for the second conviction.

Cases Noticed:

R. v. Skolnick, [1982] 2 S.C.R. 47; 42 N.R. 460; 68 C.C.C.(2d) 385, refd to. [para. 4].

R. v. Nicholson (1987), 86 N.B.R.(2d) 41; 219 A.P.R. 41; 5 M.V.R.(2d) 113 (T.D.), refd to. [para. 6].

R. v. Bohnet (1976), 1 A.R. 590; 31 C.C.C.(2d) 253 (C.A.), refd to. [para. 6].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(1) [para. 3].

Counsel:

G.J. Herman, for the appellant;

Accused represented himself.

This appeal was heard by Armstrong, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Swift Current, who delivered the following judgment on May 23, 1995.