R. v. Jones (K.D.), (2015) 368 N.S.R.(2d) 193 (PC)

JudgeGabriel, P.C.J.
CourtProvincial Court of Nova Scotia (Canada)
Case DateDecember 15, 2015
JurisdictionNova Scotia
Citations(2015), 368 N.S.R.(2d) 193 (PC);2015 NSPC 87

R. v. Jones (K.D.) (2015), 368 N.S.R.(2d) 193 (PC);

    1160 A.P.R. 193

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. DE.046

Her Majesty the Queen v. Kevin Douglas Jones

(2640893; 2640894; 2015 NSPC 87)

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

Nova Scotia Provincial Court

Gabriel, P.C.J.

December 15, 2015.

Summary:

The accused pleaded guilty to impaired driving. He had three prior impaired driving convictions (1994, 2000 and 2007). The last resulted in a curative discharge. The Crown sought one year's imprisonment. The accused applied for a second curative discharge.

The Nova Scotia Provincial Court held that it would be inappropriate to grant the accused a second curative discharge. Although his prior convictions required a sentence of at least 120 days' imprisonment, there was little discussion on an appropriate term of imprisonment. The court adjourned the matter of the appropriate period of imprisonment to permit the Crown and accused to make submissions.

Criminal Law - Topic 4434

Procedure - Verdicts, discharges and dismissals - Discharge conditional upon curative treatment - The 50 year old accused pleaded guilty to impaired driving - He had three prior impaired driving convictions (1994, 2000 and 2007) - The last resulted in a curative discharge - The Crown sought one year's imprisonment - The accused applied for a second curative discharge - The Nova Scotia Provincial Court held that it would be inappropriate to grant the accused a second curative discharge - Although the accused had a long history of severe alcohol abuse and was in need of curative treatment, the court was not satisfied that a curative treatment discharge would not be contrary to the public interest - The court, after discussing the factors to be considered in determining whether a discharge was contrary to the public interest, stated that "Largely because of my concerns arising from the chronicity of [the accused's] alcohol abuse, his serious record, and his prior criminal record involving three other alcohol related driving offences (including the fact of his prior curative discharge in 2007, which was very unsuccessful in eliminating or significantly curbing his alcohol abuse) and his insufficient motivation in seeking out and putting in place sufficient structure (to date) to guard against future alcohol use, the evidence does not satisfy me ... that it would be appropriate to provide [the accused] with a (second) curative discharge in relation to his current section 253(1)(a) offence." - Although his prior convictions required a sentence of at least 120 days' imprisonment, there was little discussion on an appropriate term of imprisonment - The court adjourned the matter of the appropriate period of imprisonment to permit the Crown and accused to make submissions - See paragraphs 40 to 71.

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 4434 ].

Cases Noticed:

R. v. Mohan, [1994] 2 S.C.R. 9; 166 N.R. 245; 71 O.A.C. 241; 1994 CanLII 80, refd to. [para. 13].

R. v. Ashbury and Mills (1989), 30 O.A.C. 376 (C.A.), refd to. [para. 45].

R. v. MacCormack (W.F.) (2000), 224 N.B.R.(2d) 29; 574 A.P.R. 29 (C.A.), refd to. [para. 49].

R. v. Aucoin (1987), 79 N.S.R.(2d) 32; 196 A.P.R. 32 (C.A.), refd to. [para. 49].

R. v. Beaulieu (1980), 7 M.V.R. 21 (N.W.T.S.C.), refd to. [para. 49].

R. v. Debaie (1991), 106 N.S.R.(2d) 241; 288 A.P.R. 241 (Co. Ct.), refd to. [para. 49].

R. v. Earle (1989), 90 N.S.R.(2d) 138; 230 A.P.R. 138 (Co. Ct.), refd to. [para. 49].

R. v. MacArthur (F.H.) (2009), 286 N.S.R.(2d) 90; 909 A.P.R. 90 (Prov. Ct.), refd to. [para. 49].

R. v. Lohnes (B.R.) (2007), 251 N.S.R.(2d) 382; 802 A.P.R. 382 (C.A.), refd to. [para. 49].

R. v. Wallner (1988), 89 A.R. 282; 44 C.C.C.(3d) 358; 66 C.R.(3d) 79 (C.A.), refd to. [para. 69].

R. v. Storr (R.L.) (1995), 174 A.R. 65; 102 W.A.C. 65 (C.A.), refd to. [para. 71].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(5) [para. 41].

Counsel:

Scott Hughes, for the Crown (September 22, 2015);

Cheryl Byard, for the Crown (November 10 and December 15, 2015);

Ethan Kim, for the accused.

This matter was heard on September 22, November 10 and December 15, 2015, at Dartmouth, N.S., before Gabriel, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment orally on December 15, 2015.

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