R. v. Jansons (J.A.), (2008) 260 B.C.A.C. 254 (YukCA)

• Judge: Rowles, Kirkpatrick and Bauman, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: October 14, 2008
• Jurisdiction: Yukon
• Citations: (2008), 260 B.C.A.C. 254 (YukCA);2008 YKCA 15

R. v. Jansons (J.A.) (2008), 260 B.C.A.C. 254 (YukCA);

    439 W.A.C. 254

MLB headnote and full text

Temp. Cite: [2008] B.C.A.C. TBEd. NO.018

Regina (appellant) v. Juris Albert Jansons (respondent)

(07-YU602; 2008 YKCA 15)

Indexed As: R. v. Jansons (J.A.)

Yukon Court of Appeal

Rowles, Kirkpatrick and Bauman, JJ.A.

October 14, 2008.

Summary:

On October 29, 1997, the accused was charged under s. 253(b) of the Criminal Code with impaired driving in the Yukon Territory. At the time, he was on probation with a condition to abstain from the consumption of alcohol and was also subject to a driving prohibition. On May 15, 1998, he pled guilty. On September 15, 1998, he failed to appear for his sentencing. He absconded to British Columbia. He was arrested in 2006 and released on an undertaking. He failed to appear for sentencing on January 10, 2008. He was arrested and returned to Yukon. On February 20, 2008, he was sentenced to the minimum applicable sentence of 90 days on the s. 253(b) charge in addition to time served, which was credited as 26 days, to be followed by two years' probation and a three year driving prohibition. The sentencing judge also imposed two consecutive three month conditional jail terms for the breach of probation and the fail to appear charges. The Crown sought leave to appeal the sentence.

The Yukon Court of Appeal granted leave to appeal, allowed the appeal and increased the sentence on the s. 253(b) charge to one year. The balance of the sentence imposed was confirmed in all other respects.

Criminal Law - Topic 5832

Sentencing - Considerations - Rehabilitation - In 1997, the accused was charged under s. 253(b) of the Criminal Code with impaired driving in the Yukon Territory - At the time, he was on probation with a condition to abstain from the consumption of alcohol and was also subject to a driving prohibition - In May 1998, he pled guilty - In September 1998, he failed to appear for his sentencing and absconded to British Columbia - He was arrested in 2006 and released on an undertaking - He failed to appear for sentencing on January 10, 2008 - He was arrested and returned to Yukon - On February 20, 2008, he was sentenced to the minimum applicable sentence of 90 days for impaired driving in addition to time served (credited as 26 days) to be followed by two years' probation and a three year driving prohibition - The sentencing judge also imposed two consecutive three month conditional jail terms for the breach of probation and the fail to appear charges - The Crown sought leave to appeal the sentence, arguing that the sentence was demonstrably unfit as it rewarded the accused for absconding for ten years, during which time he took active steps to avoid dealing with the outstanding charges, and gave insufficient consideration to general deterrence - Given the accused's significant record of drinking and driving offences, the sentence for impaired driving would have been two years if sentenced in 1998 - The Yukon Court of Appeal granted leave to appeal and allowed the appeal - The inescapable message that was conveyed by the imposition of a virtual minimum sentence in circumstances in which, but for the rehabilitation made possible by the abscondment, a two year sentence would have been imposed, is one which encourages flouting of the law - While the accused's efforts at rehabilitation were to be commended, general deterrence was not served by the impaired driving sentence imposed here - The court increased the sentence for impaired driving to one year but confirmed the balance of the sentence imposed in all other respects.

Criminal Law - Topic 5833

Sentencing - Considerations - Deterrence - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5834.4

Sentencing - Considerations - Fleeing jurisdiction before trial or sentencing - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 5832 ].

Cases Noticed:

R. v. Donnessey, [1990] Y.J. No. 138 (C.A.), refd to. [para. 7].

R. v. Donnessey, 2008 YCTC 25, refd to. [para. 7].

R. v. Thompson (1989), 98 A.R. 348; 50 C.C.C.(3d) 179 (C.A.), refd to. [para. 9].

R. v. Johns (J.C.), [1996] 1 C.N.L.R. 172; 66 B.C.A.C. 97; 108 W.A.C. 97 (Yuk. C.A.), refd to. [para. 10].

R. v. Preston (1990), 47 B.C.L.R.(2d) 273; 79 C.R.(3d) 61 (C.A.), refd to. [para. 11].

Counsel:

J. Grandy, for the appellant, Crown;

K. Parkkari, for the respondent.

This leave application and appeal were heard at Vancouver, B.C., on October 14, 2008, before Rowles, Kirkpatrick and Bauman, JJ.A., of the Yukon Court of Appeal. Kirkpatrick, J.A., delivered the following oral reasons for judgment for the court on that date.