R. v. MacDougall (E.), 2011 NSPC 12

• Judge: Ross, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: March 15, 2011
• Jurisdiction: Nova Scotia
• Citations: 2011 NSPC 12;(2011), 303 N.S.R.(2d) 39 (PC)

R. v. MacDougall (E.) (2011), 303 N.S.R.(2d) 39 (PC);

    957 A.P.R. 39

MLB headnote and full text

Temp. Cite: [2011] N.S.R.(2d) TBEd. MY.045

Her Majesty the Queen v. Eric Devoe MacDougall

(1998231; 2011 NSPC 12)

Indexed As: R. v. MacDougall (E.)

Nova Scotia Provincial Court

Ross, P.C.J.

March 15, 2011.

Summary:

The Nova Scotia Provincial Court, in a decision reported at (2011), 299 N.S.R.(2d) 122; 947 A.P.R. 122, found the accused guilty of impaired driving and impaired driving causing death.

The Nova Scotia Provincial Court imposed a sentence of two years in a federal penitentiary and a two year driving prohibition.

Criminal Law - Topic 5864.1

Sentence - Impaired driving causing death - The accused lost control of his vehicle on a turn - The vehicle rolled and one of the passengers, who was not restrained, was ejected from the vehicle - The passenger (a young woman) died from her injuries - The accused was found guilty of impaired driving and impaired driving causing death - The Nova Scotia Provincial Court imposed a sentence of two years in a federal penitentiary and a two year driving prohibition - The significant mitigating factors were that the accused was barely 18 when the offences occurred, he had no prior criminal record, he was performing a favour, although ill advisedly (a friend had repeatedly asked him for a drive), and he behaved commendably after the event - The aggravating factors included the fact that the accused was drinking underage, the fact that he took on a car full of passengers, and the fact that he was speeding - The accused's blood-alcohol level was also significant (at least 108) - The court referred to the need for general deterrence and denunciation.

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 5864.1 ].

Cases Noticed:

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161, refd to. [para. 9].

R. v. Morine (C.R.) (2011), 298 N.S.R.(2d) 314; 945 A.P.R. 314 (S.C.), consd. [para. 10].

R. v. Ruizfuentes (H.S.) (2010), 258 Man.R.(2d) 220; 499 W.A.C. 220; 2010 MBCA 90, refd to. [para. 10].

R. v. Junkert (M.) (2010), 267 O.A.C. 7; 2010 ONCA 549, refd to. [para. 10].

R. v. Ramage (R.) (2010), 265 O.A.C. 158; 2010 ONCA 488, refd to. [para. 10].

R. v. Litchfield (S.D.), [2010] A.R. Uned. 162; 2010 ABPC 13, refd to. [para. 10].

R. v. Cooper (M.) (2007), 255 N.S.R.(2d) 18; 814 A.P.R. 18 (S.C.), refd to. [para. 12].

R. v. Hall (S.) (2007), 219 O.A.C. 251 (C.A.), refd to. [para. 12].

R. v. MacEachern (1990), 96 N.S.R.(2d) 68; 253 A.P.R. 68 (C.A.), refd to. [para. 12].

R. v. Nickerson (S.W.) (1991), 101 N.S.R.(2d) 243; 275 A.P.R. 243 (C.A.), refd to. [para. 12].

R. v. Cromwell (Y.M.) (2005), 238 N.S.R.(2d) 17; 757 A.P.R. 17; 2005 NSCA 137, refd to. [para. 12].

R. v. MacLeod (R.B.) (2004), 222 N.S.R.(2d) 56; 701 A.P.R. 56 (C.A.), refd to. [para. 13].

R. v. Ruzic (M.), [2001] 1 S.C.R. 687; 268 N.R. 1; 145 O.A.C. 235, refd to. [para. 16].

R. v. Chaulk and Morrissette (1990), 119 N.R. 161; 69 Man.R.(2d) 161 (S.C.C.), refd to. [para. 17].

Counsel:

Diane McGrath, for the Crown;

William P. Burchell, for the defence.

This matter was heard on March 15, 2011, before Ross, P.C.J., of the Nova Scotia Provincial Court, who delivered the following oral decision on the same date.