R. v. Edwards (E.M.), (2015) 361 Nfld. & P.E.I.R. 1 (NLPC)

JudgePorter, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateJanuary 07, 2015
JurisdictionNewfoundland and Labrador
Citations(2015), 361 Nfld. & P.E.I.R. 1 (NLPC)

R. v. Edwards (E.M.) (2015), 361 Nfld. & P.E.I.R. 1 (NLPC);

    1122 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JA.004

Her Majesty the Queen v. Emmanuel Michael Edwards

(Docket: 0813A00098, 0814A00144)

Indexed As: R. v. Edwards (E.M.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

January 7, 2015.

Summary:

Edwards was convicted of impaired driving and driving with blood-alcohol in excess of the legal limit (Criminal Code, s. 253(1)(b)), and for failing to attend court (s. 145(5)). This was his fifth conviction for a drinking/driving offence. He had a prior conviction for being unlawfully at large, as well as four convictions each for breach of recognizance and breach of probation.

The Newfoundland and Labrador Provincial Court sentenced Edwards to six months in custody, as follows: 120 days (drinking/driving offence) and 60 days (failure to attend court offence), consecutive. He was also prohibited from driving for five years.

Criminal Law - Topic 5606

Punishments (sentence) - Increased punishment for prior convictions - The accused was convicted of impaired driving and driving with blood-alcohol in excess of the legal limit (Criminal Code, s. 253(1)(b)), and for failing to attend court (s. 145(5)) - His fifth conviction for a drinking/driving offence - Prior conviction for being unlawfully at large - Four prior convictions each for breach of recognizance and breach of probation - The Newfoundland and Labrador Provincial Court sentenced the accused to six months in custody: 120 days (drinking/driving offence) and 60 days (failure to attend court offence), consecutive - Prohibited from driving for five years - Cooperative with police - Blood-alcohol test results under the statutorily deemed aggravated level - Prior sentences had failed to deter him - Section 255(1) set out a minimum sentence of 120 days for the third or subsequent offence of impaired driving - No reason to increase the sentence beyond the minimum - A sentence of 120 days for a fifth drinking/driving offence was endorsed by the Supreme Court of Canada - Sentences for failing to appear in court ranged from a discharge to three months' imprisonment - The failure to attend court offence, being a separate criminal offence, merited a consecutive sentence - It would be illogical to make that sentence shorter than that last imposed for breach of court order.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - [See Criminal Law - Topic 5606 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 5606 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 5606 ].

Criminal Law - Topic 5921

Sentence - Being at large or failing to appear - [See Criminal Law - Topic 5606 ].

Cases Noticed:

R. v. Anderson (F.) (2014), 458 N.R. 1; 350 Nfld. & P.E.I.R. 289; 1088 A.P.R. 289; 2014 SCC 41, refd to. [para. 10].

R. v. K.C. (2014), 350 Nfld. & P.E.I.R. 106; 1088 A.P.R. 106 (N.L. Prov. Ct.), refd to. [para. 11].

R. v. Rowe (D.) (2008), 273 Nfld. & P.E.I.R. 38; 833 A.P.R. 38; 2008 NLCA 3, refd to. [para. 13].

R. v. Crocker (B.J.) (1991), 93 Nfld. & P.E.I.R. 222; 292 A.P.R. 222 (N.L.C.A.), refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(1) [para. 10].

Counsel:

A. Manning, for the Crown;

E. O'Gorman, for the accused.

This sentencing matter was heard at Grand Bank, Newfoundland and Labrador, on January 7, 2015, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment, dated January 7, 2015.

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