R. v. Dhadwal (M.S.), (2014) 582 A.R. 190 (PC)

• Judge: Daniel, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: February 03, 2014
• Citations: (2014), 582 A.R. 190 (PC);2014 ABPC 21

R. v. Dhadwal (M.S.) (2014), 582 A.R. 190 (PC)

MLB headnote and full text

Temp. Cite: [2014] A.R. TBEd. FE.051

Her Majesty the Queen v. Major Singh Dhadwal (111343067P10101 - 0102; 2014 ABPC 21)

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

Alberta Provincial Court

Daniel, P.C.J.

February 3, 2014.

Summary:

The accused was found guilty of impaired driving and driving while having a blood-alcohol content exceeding the legal limit (see [2013] A.R. Uned. 696). The Crown entered a stay of conviction on the impaired driving offence.

The Alberta Provincial Court sentenced the accused to six months' imprisonment, followed by two years' probation and a five year driving prohibition.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5842.1

Sentencing - Considerations on imposing sentence - Post-conviction or post-charge or post-discharge conduct - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - Dhadwal was sitting in his running vehicle in his garage while his blood-alcohol content was nearly three times the legal limit - His moved the vehicle but was stopped by the garage door - Dhadwal was found guilty of operating his motor vehicle while having a blood-alcohol content over the legal limit - He was a 32 year old alcoholic - His criminal record began in 2002 and included three prior convictions for impaired driving offences, two for driving while disqualified, and numerous failures to comply with court orders - While on judicial interim release for the present offence, Dhadwal re-offended by consuming alcohol and assaulting his wife while drunk - Dhadwal sought a curative discharge - The Alberta Provincial Court sentenced Dhadwal to six months' imprisonment, followed by two years' probation and a five year driving prohibition - A curative discharge was inappropriate because it would be contrary to the public interest and there was no reasonable likelihood that rehabilitation would be successful - Dhadwal had numerous chances over the last dozen years to follow court orders, take remediation treatment and remain sober, but failed to do so with any long term success.

Cases Noticed:

R. v. Soosay (M.D.) (2001), 293 A.R. 292; 257 W.A.C. 292; 2001 CarswellAlta 1472; 2001 ABCA 287, refd to. [para. 25].

R. v. Dumoulin (M.C.) (2011), 518 A.R. 17; 2011 CarswellAlta 1669; 2011 ABPC 282, refd to. [para. 25].

R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), refd to. [para. 26].

Counsel:

R. Jenkins, for the Crown;

J. Blumer, for the Defence.

This matter was heard before Daniel, P.C.J., of the Alberta Provincial Court, who delivered the following sentencing judgment at Calgary, Alberta, on February 3, 2014.