R. v. Dibbs (S.), 2006 YKCA 10

• Judge: Newbury, Levine and Kirkpatrick, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: August 15, 2006
• Jurisdiction: Yukon
• Citations: 2006 YKCA 10;(2006), 229 B.C.A.C. 159 (YukCA)

R. v. Dibbs (S.) (2006), 229 B.C.A.C. 159 (YukCA);

    379 W.A.C. 159

MLB headnote and full text

Temp. Cite: [2006] B.C.A.C. TBEd. AU.035

Regina (respondent) v. Stephen Dibbs (appellant)

(YU0553; 2006 YKCA 10)

Indexed As: R. v. Dibbs (S.)

Yukon Court of Appeal

Newbury, Levine and Kirkpatrick, JJ.A.

August 15, 2006.

Summary:

An accused convicted of driving with an excessive blood-alcohol content was sentenced to one year's imprisonment plus one year's probation and a 5.5 year driving prohibition. The accused appealed, submitting that he should have received a curative discharge under s. 255(5) of the Criminal Code or, alternatively, a conditional sentence.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - The 46 year old accused convicted of driving with an excessive blood-alcohol content was sentenced to one year's imprisonment plus one year's probation and a 5.5 year driving prohibition - The accused appealed, submitting that he should have received a curative discharge under s. 255(5) of the Criminal Code or, alternatively, a conditional sentence - The Yukon Court of Appeal dismissed the appeal - The accused had been an alcoholic for 20 years - There had been four unsuccessful attempts at treating his alcoholism - The accused had 19 prior convictions, including six for drinking and driving, two for driving while disqualified and seven for breaches of probation or release conditions - The trial judge did not err in refusing a curative discharge and was properly sceptical of the accused's assertions respecting his attempts to rehabilitate himself - A curative discharge would not be in the public interest, as required by s. 255(5).

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 4434 ].

Counsel:

J.A. Van Wart, for the appellant;

M. Cozens, for the respondent, Crown.

This appeal was heard on August 15, 2006, at Vancouver, B.C., before Newbury, Levine and Kirkpatrick, JJ.A., of the Yukon Court of Appeal.

On August 15, 2006, the judgment of the Court was delivered orally and the following opinions were filed:

Kirkpatrick, J.A. - see paragraphs 1 to 9;

Newbury, J.A. - see paragraph 10;

Levine, J.A. - see paragraph 11.