R. v. MacArthur (F.H.), 2009 NSPC 61
| Judge | Stroud, P.C.J. |
| Court | Provincial Court of Nova Scotia (Canada) |
| Case Date | October 22, 2009 |
| Jurisdiction | Nova Scotia |
| Citations | 2009 NSPC 61;(2009), 286 N.S.R.(2d) 90 (PC) |
R. v. MacArthur (F.H.) (2009), 286 N.S.R.(2d) 90 (PC);
909 A.P.R. 90
MLB headnote and full text
Temp. Cite: [2009] N.S.R.(2d) TBEd. DE.039
Her Majesty the Queen v. Francis Hugh MacArthur
(2081835; 2009 NSPC 61)
Indexed As: R. v. MacArthur (F.H.)
Nova Scotia Provincial Court
Stroud, P.C.J.
November 2, 2009.
Summary:
The accused pleaded guilty to a charge of impaired driving under s. 253(1) of the Criminal Code. He sought a curative discharge under s. 255(5) of the Code.
The Nova Scotia Provincial Court allowed the application.
Criminal Law - Topic 4434
Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - The Nova Scotia Provincial Court referred to the factors that a court had to consider in granting a curative discharge under s. 255(5) of the Criminal Code - See paragraph 3.
Criminal Law - Topic 4434
Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - In 2009, the accused pleaded guilty to impaired driving - He sought a curative discharge (Criminal Code, s. 255(5)) - The accused presented evidence that he had made attempts to address his alcohol addiction and was a competent, hard working and conscientious probation officer - The Crown opposed the application primarily because of the accused's prior record (i.e., an impaired driving conviction in 1988 and curative discharges for impaired operation of a motor vehicle in 1990 and 2001) - The Nova Scotia Provincial Court granted the curative discharge and placed the accused on probation for 18 months subject to conditions, plus a two year driving prohibition - The court noted that the circumstances in this case were not serious in that there was no motor vehicle accident involved, the evidence indicated that the accused recognized his need for treatment, he was not subject to a driving prohibition at the time of this offence, and while the accused had two prior curative discharges, there was a gap of twelve and eight years between those discharges.
Cases Noticed:
R. v. Storr (R.L.) (1995), 174 A.R. 65; 102 W.A.C. 65 (C.A.), dist. [para. 7].
R. v. Gray (B.H.) (2004), 378 A.R. 179 (Prov. Ct.), dist. [para. 7].
R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), dist. [para. 7].
R. v. Dupuis (G.) (2003), 174 Man.R.(2d) 221 (Prov. Ct.), dist. [para. 7].
R. v. Ashberry and Mills (1989), 30 O.A.C. 376 (C.A.), dist. [para. 7].
R. v. E.D.B. (2003), 345 A.R. 190 (Prov. Ct.), refd to. [para. 14].
R. v. Wallner (1988), 89 A.R. 282; 44 C.C.C.(3d) 358 (C.A.), refd to. [para. 14].
Statutes Noticed:
Criminal Code, R.S.C. 1985, c. C-46, sect. 255(5) [para. 2].
Counsel:
Danielle Bastarache, for the Crown;
Joel Sellers, for the defence.
This application was heard on October 22, 2009, by Stroud, P.C.J., of the Nova Scotia Provincial Court, who filed the following written decision in New Glasgow, Nova Scotia, on November 2, 2009.
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R. v. MacDonald, 2018 NSPC 72
...Mr. MacDonald’s record satisfies me that this is at least as good a case as R. v. MacArthur, 2009 NSPC 61, in which a curative-discharge applicant sought and got his third [88] In my view, an assessment of the Ashberry factors evi......
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R. v. Polley (S.D.), (2013) 335 N.S.R.(2d) 98 (PC)
...17]. R. v. Morine (C.R.) (2011), 298 N.S.R.(2d) 314; 945 A.P.R. 314; 2011 NSSC 46, refd to. [para. 18]. R. v. MacArthur (F.H.) (2009), 286 N.S.R.(2d) 90; 909 A.P.R. 90; 2009 NSPC 61, refd to. [para. 18]. R. v. Lohnes (B.R.) (2007), 251 N.S.R.(2d) 382; 802 A.P.R. 382; 2007 NSCA 24, refd to. ......
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R. v. MacBeth, 2017 NSPC 46
...a singular family-crisis triggering event. Mr. MacBeth is in at least as good a position as the successful applicant in R. v. MacArthur, 2009 NSPC 61, who returned to court and got his third curative discharge. Conclusion [84] In my view, an assessment of the Ashberry factors evident in thi......
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R. v. Polley (C.H.),
...and one month for failure to comply with a breath demand, concurrent. He further received a ten year driving prohibition. R. v. MacArthur 2009 NSPC 61. The accused was convicted of impaired driving. He had three previous convictions for impaired driving in the past 20 years. He received 18 ......
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R. v. MacDonald, 2018 NSPC 72
...Mr. MacDonald’s record satisfies me that this is at least as good a case as R. v. MacArthur, 2009 NSPC 61, in which a curative-discharge applicant sought and got his third [88] In my view, an assessment of the Ashberry factors evi......
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R. v. Polley (S.D.), (2013) 335 N.S.R.(2d) 98 (PC)
...17]. R. v. Morine (C.R.) (2011), 298 N.S.R.(2d) 314; 945 A.P.R. 314; 2011 NSSC 46, refd to. [para. 18]. R. v. MacArthur (F.H.) (2009), 286 N.S.R.(2d) 90; 909 A.P.R. 90; 2009 NSPC 61, refd to. [para. 18]. R. v. Lohnes (B.R.) (2007), 251 N.S.R.(2d) 382; 802 A.P.R. 382; 2007 NSCA 24, refd to. ......
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R. v. MacBeth, 2017 NSPC 46
...a singular family-crisis triggering event. Mr. MacBeth is in at least as good a position as the successful applicant in R. v. MacArthur, 2009 NSPC 61, who returned to court and got his third curative discharge. Conclusion [84] In my view, an assessment of the Ashberry factors evident in thi......
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R. v. Polley (C.H.),
...and one month for failure to comply with a breath demand, concurrent. He further received a ten year driving prohibition. R. v. MacArthur 2009 NSPC 61. The accused was convicted of impaired driving. He had three previous convictions for impaired driving in the past 20 years. He received 18 ......