R. v. MacKenzie (N.W.), 2012 NSPC 4

• Judge: MacQuarrie, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: January 12, 2012
• Jurisdiction: Nova Scotia
• Citations: 2012 NSPC 4;(2012), 312 N.S.R.(2d) 13 (PC)

R. v. MacKenzie (N.W.) (2012), 312 N.S.R.(2d) 13 (PC);

    987 A.P.R. 13

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. JA.057

Her Majesty The Queen v. Neil Wayne MacKenzie

(2153877; 2153879; 2163597; 2012 NSPC 4)

Indexed As: R. v. MacKenzie (N.W.)

Nova Scotia Provincial Court

MacQuarrie, P.C.J.

January 16, 2012.

Summary:

The accused pleaded guilty to impaired driving, driving while disqualified from doing so and driving without liability insurance on the vehicle. Respecting the impaired driving offence, the accused applied under s. 255(5) of the Criminal Code for a curative discharge.

The Nova Scotia Provincial Court granted the accused a curative discharge for impaired driving and fined him $500 for driving while disqualified and $1,000 for driving without insurance.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment (incl. revocation and sentencing) - The 66 year old accused pleaded guilty to impaired driving, driving while disqualified and driving without insurance - Respecting the impaired driving offence, the accused sought a curative discharge (Criminal Code, s. 255(5)) - The accused had been drinking for 40 years, but was alcohol-free for the past 18 months (except for one relapse) - His addiction worker opined that the accused was highly motivated to finally resolve his alcohol addiction - The accused sold his vehicle, vowed to never seek reinstatement of his licence and successfully completed several addictions programs - The accused regularly attended AA meetings - The Nova Scotia Provincial Court granted the accused a curative discharge, notwithstanding his five previous convictions between 1991 and 2009 for impaired driving offences - The court was satisfied that a successful recovery was a reasonable prospect and that a discharge would not be contrary to the public interest - The best interests of both the accused and the public would be met by the accused resolving his alcohol addiction - The accused appeared committed to doing that and imprisoning the accused (interrupting his treatment) would be counter-productive - The court imposed two years' probation and a 10 year driving prohibition - The accused was also fined $500 for driving while disqualified and $1,000 (statutory minimum) for driving while uninsured.

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5886

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

Motor Vehicles - Topic 4329

Offences - Sentence - Particular offences - Driving uninsured vehicle - [See Criminal Law - Topic 4434 ].

Cases Noticed:

R. v. MacArthur (F.H.) (2009), 286 N.S.R.(2d) 90; 909 A.P.R. 90 (Prov. Ct.), refd to. [para. 12].

R. v. Pearson (D.) (2010), 288 N.S.R.(2d) 141; 914 A.P.R. 141 (Prov. Ct.), refd to. [para. 12].

R. v. Wallner (1988), 89 A.R. 282 (C.A.), refd to. [para. 13].

R. v. Cromwell (Y.M.) (2005), 238 N.S.R.(2d) 17; 757 A.P.R. 17 (C.A.), refd to. [para. 14].

R. v. Ashberry and Mills (1989), 30 O.A.C. 376 (C.A.), refd to. [para. 15].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(5) [para. 4].

Counsel:

Robin Archibald, for the Crown;

Kevin Patriquin, for the accused.

This matter was heard on January 12, 2012, at Port Hawkesbury, N.S., before MacQuarrie, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment orally on January 16, 2012.