R. v. Herbert (M.D.), [2015] A.R. TBEd. DE.140

JudgeNorheim, P.C.J.
CourtProvincial Court of Alberta (Canada)
Case DateNovember 15, 2015
Citations[2015] A.R. TBEd. DE.140;2015 ABPC 270

R. v. Herbert (M.D.), [2015] A.R. TBEd. DE.140

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. DE.140

Her Majesty the Queen v. Morgan Dean Herbert

(A72-8101-02Z; 2015 ABPC 270)

Indexed As: R. v. Herbert (M.D.)

Alberta Provincial Court

Norheim, P.C.J.

December 7, 2015.


The defendant was charged with driving while unauthorized under s. 94(2) the Traffic Safety Act (Alta.) ("TSA"). When a person was convicted of contravening s. 94, a six-month driving suspension was statutorily imposed from the day of finding of guilt (s. 95(2)). The matter was set for trial along with a number of summary conviction criminal charges. On the trial date, the Crown and defence counsel asked to speak to the traffic safety charge before dealing with the other matters on the trial list. The court was advised that the defendant would plead guilty to a charge under s. 167(1)(a) of the TSA (failure to produce license upon request) and that there would be a joint submission for a $2,000 fine, the maximum fine under s. 7 of the Provincial Offences Procedure Act ("POPA"), which was applicable by virtue of s. 158(1) of the TSA. On the conclusion of the submissions on the traffic safety charges, the Crown entered a stay on most of the criminal charges.

The Alberta Provincial Court rejected the joint submission. The court stated that "the submissions provided to the Court would justify a somewhat higher fine than the $500 to $700 fine which is common in this jurisdiction for the substitution of the present charge for the one originally laid. They do not form a defensible basis for the imposition of the maximum fine allowable under section 7 of the POPA. To impose same in this case would tend to bring the administration of justice into disrepute." The court ordered the defendant to pay a $1,200 fine, plus a victim fine surcharge.

Criminal Law - Topic 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - See paragraphs 1 to 17.

Motor Vehicles - Topic 4333

Offences - Sentence - Failure to produce documents upon request - See paragraphs 1 to 17.


Ron Hogan, for the Crown;

Adam Klassen, for the defendant.

This sentencing matter was heard on November 15, 2015, by Norheim, P.C.J., of the Alberta Provincial Court, who delivered the following decision on December 7, 2015.

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