R. v. Cherrington (M.S.), [2015] A.R. TBEd. AU.110

JudgeVeit, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateJuly 29, 2015
Citations[2015] A.R. TBEd. AU.110;2015 ABQB 517

R. v. Cherrington (M.S.), [2015] A.R. TBEd. AU.110

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Temp. Cite: [2015] A.R. TBEd. AU.110

Her Majesty the Queen (Crown/respondent) v. Michael Steven Cherrington (appellant/accused)

(131423691S1; 2015 ABQB 517)

Indexed As: R. v. Cherrington (M.S.)

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

August 14, 2015.

Summary:

The accused appealed the two year driving prohibition imposed as part of his sentence on his plea to a single charge of disqualified driving (Criminal Code, s. 259(4)). The sentence also included a total of 14 days' imprisonment. Although the accused had two prior convictions for driving while disqualified, the Crown had not served notice of intention to obtain a more severe penalty.

The Alberta Court of Queen's Bench dismissed the appeal, holding that the sentence was not demonstrably unfit. The sentencing judge did not err in assessing the accused's blameworthiness. The absence of evidence concerning the nature of the accused's brain injury and the link between the injury and the offence limited the court's ability to minimize his personal responsibility. The sentencing judge did not err in over-emphasizing the need for individual deterrence. The absence of evidence concerning changes in the accused's circumstances that would make it more likely that he would observe a prohibition in the future than he had in the past limited the court's ability to minimize the need for individual deterrence.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - See paragraphs 1 to 30.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - See paragraph 27.

Criminal Law - Topic 5830

Sentencing - Considerations on imposing sentence - General - Step or jump principle - See paragraph 26.

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - See paragraphs 1 to 30.

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - See paragraphs 1 to 30.

Criminal Law - Topic 6204

Sentencing - Appeals - Variation of sentence - Grounds for refusing to vary sentence - See paragraphs 1 to 30.

Counsel:

Kathryn A. Quinlan (Royal & Company), for the appellant/accused;

Tania Sarkar (Crown Prosecutors' Office), for the Crown/respondent.

This appeal was heard on July 29, 2015, by Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on August 14, 2015.

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1 practice notes
  • R. v. Luker, 2019 NLPC 1318A00206
    • Canada
    • Newfoundland and Labrador Provincial Court (Canada)
    • 4 Septiembre 2019
    ...offence. Thus, in imposing a driving prohibition, the principles of sentencing apply in setting its length (see R v. Cherrington, 2015 ABQB 517, and section 320.22 of the Criminal [34]      In some cases, a sentencing judge may waive the time period. In others, she ......
1 cases
  • R. v. Luker, 2019 NLPC 1318A00206
    • Canada
    • Newfoundland and Labrador Provincial Court (Canada)
    • 4 Septiembre 2019
    ...offence. Thus, in imposing a driving prohibition, the principles of sentencing apply in setting its length (see R v. Cherrington, 2015 ABQB 517, and section 320.22 of the Criminal [34]      In some cases, a sentencing judge may waive the time period. In others, she ......

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