R. v. Foster (K.D.), 2015 ABPC 109

• Judge: Rosborough, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: April 16, 2015
• Citations: 2015 ABPC 109;(2015), 617 A.R. 66 (PC)

R. v. Foster (K.D.) (2015), 617 A.R. 66 (PC)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MY.129

Her Majesty the Queen (Crown) v. Kevin Dwayne Foster (offender)

(121550552P1; 2015 ABPC 109)

Indexed As: R. v. Foster (K.D.)

Alberta Provincial Court

Rosborough, P.C.J.

May 8, 2015.

Summary:

Foster, 46, pled guilty to operating a motor vehicle while his ability to do so was impaired by alcohol (Criminal Code, s. 253(1)(a)), and driving while disqualified (s. 259(4)). He had been driving a snowmobile on pavement, when police intervened. This was his sixth drinking and driving offence and his thirteenth and fourteenth offences involving criminal misuse of a motor vehicle. The four-year driving prohibition was less than one-half complete. He had also been convicted of failing to comply with other court orders. He was now to be sentenced. The Crown sought a greater punishment by virtue of Foster's criminal record. Foster applied for a curative treatment discharge in relation to his consumption of alcohol (s. 255(5)), i.e., a conditional discharge and probation for a term not exceeding three years.

The Alberta Provincial Court held that granting Foster a discharge for curative treatment would be contrary to the public interest. The Court imposed 12 months' imprisonment for "impaired operation" and five months' imprisonment for driving while disqualified. On the totality principle, the Court reduced the latter sentence to one month imprisonment to be served consecutively. The Court ordered that, following imprisonment, Foster enter into a probation order for two years to assist him with rehabilitation. The Court prohibited Foster from operating a motor vehicle on any street, road, highway or other public place for four years for impaired operation, and one year consecutive for driving while disqualified.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - See paragraphs 31 to 53.

Criminal Law - Topic 5762

Sentencing - Particular offences - Motor vehicle offences - See paragraphs 1 to 56.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - See paragraphs 1 to 56.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - See paragraph 54.

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences - See paragraphs 1 to 56.

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - See paragraphs 1 to 56.

Criminal Law - Topic 5849.24

Sentencing - Considerations on imposing sentence - Hybrid offences - See paragraphs 3 to 8.

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - See paragraphs 1 to 56.

Criminal Law - Topic 5886

Sentence - Impaired driving - See paragraphs 1 to 56.

Counsel:

B. O'Ferrall, for the Crown;

W.A. Tatarchuk, for the defendant.

This sentencing matter was heard on April 16, 2015, before Rosborough, P.C.J., of the Alberta Provincial Court, who delivered the following judgment and reasons, dated at Wetaskiwin, Alberta, on May 8, 2015.