R. v. Fraser (B.J.), 2016 NSPC 49

JudgeAtwood, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateAugust 25, 2016
JurisdictionNova Scotia
Citations2016 NSPC 49;(2016), 377 N.S.R.(2d) 1 (PC)

R. v. Fraser (B.J.) (2016), 377 N.S.R.(2d) 1 (PC);

    1187 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. SE.001

Her Majesty the Queen v. Barrett Johnston Fraser

(2987313; 2987316; 2987317; 2016 NSPC 49)

Indexed As: R. v. Fraser (B.J.)

Nova Scotia Provincial Court

Atwood, P.C.J.

August 25, 2016.

Summary:

The 34 year old accused motor vehicle driver, after being stopped and questioned by police respecting driving the wrong way on a one-way street and possible impairment, panicked and sped off, dragging a police officer a short distance. The accused escaped a high-speed pursuit and fled to Ottawa. Within a week, he returned and pleaded guilty to assaulting a peace officer, dangerous operation of a motor vehicle and flight from police. The accused spent 108 days in custody pending sentencing. The Crown sought a global sentence of 12-15 months' imprisonment. The accused argued for a sentence of time served plus probation.

The Nova Scotia Provincial Court sentenced the accused to a suspended sentence plus 18 months' probation. But for credit for time served, the court stated that it would have imposed 60 day concurrent sentences of imprisonment. The court imposed a 15 month driving prohibition and a two year weapons prohibition order.

Criminal Law - Topic 5704

Punishments (sentence) - Suspended sentence - Circumstances when appropriate - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5799

Punishments (sentence) - Prohibition orders - Respecting firearms etc. - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5865

Sentence - Dangerous driving - The 34 year old accused motor vehicle driver, after being stopped and questioned by police respecting driving the wrong way on a one-way street and possible impairment, panicked and sped off, dragging a police officer a short distance - The officer was uninjured - The accused engaged police in a high-speed pursuit, which the police broke off for reasons of public safety - The accused fled to Ottawa but, within a week, returned and pleaded guilty to assaulting a peace officer, dangerous operation of a motor vehicle and flight from police - The accused spent 108 days in custody pending sentencing (for which he was entitled to 162 days' credit on a 1.5 to 1.0 basis) - The Crown sought a global sentence of 12-15 months' imprisonment - The accused argued for a sentence of time served plus probation - The accused suffered from anxiety problems and sought appropriate mental health treatment while in British Columbia several years ago - His upbringing was unremarkable, he graduated from community college, and he had a record of steady employment - He had a prior conviction in 2012 in British Columbia (two years' probation) for breaching an undertaking, uttering threats and criminal harassment - The accused had no prior record for driving offences - His flight from police was a panic-driven response, not premeditated - The Nova Scotia Provincial Court sentenced the accused to a suspended sentence plus 18 months' probation - But for credit for time served, the court stated that it would have imposed 60 day concurrent sentences of imprisonment - The court imposed a 15 month driving prohibition and a two year weapons prohibition order.

Criminal Law - Topic 5865.2

Sentence - Failure to stop a motor vehicle pursued by police (flight or evading police) - [See Criminal Law - Topic 5865 ].

Criminal Law - Topic 5894

Sentence - Assaulting a police officer or peace officer - [See Criminal Law - Topic 5865 ].

Counsel:

T. William Gorman, for the Nova Scotia Public Prosecution Service;

Hector J. MacIsaac, for Barrett Johnston Fraser.

This matter was heard on August 23 and 25, 2016, at Pictou, N.S., before Atwood, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on August 25, 2016.

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3 practice notes
  • R. v. Patterson, 2018 NSPC 46
    • Canada
    • Provincial Court of Nova Scotia (Canada)
    • 4 Septiembre 2018
    ...into full flight mode, which he acted out on a grand scale until he was stopped in HRM. I consider this similar factually to R. v. Fraser, 2016 NSPC 49. As I decided in Fraser, panic-induced, situational behaviour is less morally culpable than criminal activity that is premeditated and well......
  • R. v. KLASSEN,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 18 Enero 2021
    ...The facts in the case of R v Fraser, 2016 NSPC 49, 377 NSR (2d) 1, are similar to those in the case at bar. Mr. Fraser was stopped in the early morning hours after police observed him driving the wrong way on a one-way street. The officer standing on the passenger side noticed Mr. Fraser&#x......
  • R. v. Bishop, 2017 NLTD(G) 133
    • Canada
    • Supreme Court of Newfoundland and Labrador (Canada)
    • 17 Julio 2017
    ...Authorities Cited: CASES CONSIDERED: R. v. Bishop, 2017 NLTD(G) 36; R. v. Summers, 2014 SCC 26; R. v. Marsman, 2007 NSCA 65; R. v. Fraser, 2016 NSPC 49; R. v. Anthony-Cook, 2016 SCC R. v. Druken, 2006 NLCA 67; R. v. Rowe (2006), 212 C.C.C. (3d) 254, 2006 CarswellOnt 5649 (C.A.); R. v. Adam,......
3 cases
  • R. v. Patterson, 2018 NSPC 46
    • Canada
    • Provincial Court of Nova Scotia (Canada)
    • 4 Septiembre 2018
    ...into full flight mode, which he acted out on a grand scale until he was stopped in HRM. I consider this similar factually to R. v. Fraser, 2016 NSPC 49. As I decided in Fraser, panic-induced, situational behaviour is less morally culpable than criminal activity that is premeditated and well......
  • R. v. KLASSEN,
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 18 Enero 2021
    ...The facts in the case of R v Fraser, 2016 NSPC 49, 377 NSR (2d) 1, are similar to those in the case at bar. Mr. Fraser was stopped in the early morning hours after police observed him driving the wrong way on a one-way street. The officer standing on the passenger side noticed Mr. Fraser&#x......
  • R. v. Bishop, 2017 NLTD(G) 133
    • Canada
    • Supreme Court of Newfoundland and Labrador (Canada)
    • 17 Julio 2017
    ...Authorities Cited: CASES CONSIDERED: R. v. Bishop, 2017 NLTD(G) 36; R. v. Summers, 2014 SCC 26; R. v. Marsman, 2007 NSCA 65; R. v. Fraser, 2016 NSPC 49; R. v. Anthony-Cook, 2016 SCC R. v. Druken, 2006 NLCA 67; R. v. Rowe (2006), 212 C.C.C. (3d) 254, 2006 CarswellOnt 5649 (C.A.); R. v. Adam,......

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