R. v. MacNeil (G.P.), (2012) 323 N.S.R.(2d) 5 (PC)

Judge:Whalen, P.C.J.
Court:Provincial Court of Nova Scotia
Case Date:October 05, 2012
Jurisdiction:Nova Scotia
Citations:(2012), 323 N.S.R.(2d) 5 (PC);2012 NSPC 100
 
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R. v. MacNeil (G.P.) (2012), 323 N.S.R.(2d) 5 (PC);

    1025 A.P.R. 5

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. NO.043

Her Majesty the Queen v. Gerald Paul MacNeil

(2360997; 2012 NSPC 100)

Indexed As: R. v. MacNeil (G.P.)

Nova Scotia Provincial Court

Whalen, P.C.J.

October 5, 2012.

Summary:

MacNeil pled guilty to impaired driving (s. 253(1)(a) of the Criminal Code) and uttering threats to cause death or bodily harm (s. 264.1(1)(a)). He sought a curative discharge under s. 255(5) of the Criminal Code.

The Nova Scotia Provincial Court rejected the request for a curative discharge. MacNeil was sentenced to a fine of $1,500 with a $150 victim surcharge for impaired driving and to one day in jail for uttering threats, which was served by MacNeil's appearance in court.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - MacNeil pled guilty to impaired driving (s. 253(1)(a) of the Criminal Code) and uttering threats to cause death or bodily harm (s. 264.1(1)(a)) - He sought a curative discharge under s. 255(5) of the Criminal Code - The Nova Scotia Provincial Court rejected the request for a curative discharge - This was a typical motor vehicle infraction with no accident or injuries - MacNeil sought therapy himself and attended Alcoholics Anonymous - He had abstained since the offence date and had previously experienced long periods of sobriety - While MacNeil had been able to continue therapy around his job schedule and the clinical therapist stated that he was motivated, there was no opinion as to whether MacNeil had a reasonable chance of overcoming his issues - MacNeil had one previous impaired driving conviction in 1992 - There were other offences, which MacNeil asserted were due to alcohol - While MacNeil was to be commended for seeking assistance and abstaining, a curative discharge was not appropriate - This was not the first time that he had abstained - Given the prevalence of impaired driving, the court had to consider the public interest and the principle of deterrence - MacNeil was sentenced to a fine of $1,500 with a $150 victim surcharge for impaired driving and to one day in jail for uttering threats, which was served by MacNeil's appearance in court - See paragraphs 34 to 37.

Criminal Law - Topic 5836

Sentencing - Considerations in imposing sentence - Deterrence - Prevalence of similar crime - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5886

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

Criminal Law - Topic 5895

Sentence - Threats - [See Criminal Law - Topic 4434 ].

Cases Noticed:

R. v. Ashberry and Mills (1989), 30 O.A.C. 376; 47 C.C.C.(3d) 138 (C.A.), refd to. [para. 18].

R. v. Pearson (D.) (2010), 288 N.S.R.(2d) 141; 914 A.P.R. 141; 2010 NSPC 14, refd to. [para. 20].

R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), refd to. [para. 21].

R. v. Harding (J.F.) (1999), 173 N.S.R.(2d) 84; 527 A.P.R. 84; 1999 NSCA 48, refd to. [para. 23].

Counsel:

Steve Drake, for the Crown;

William Burchell, for the defence.

This matter was decided on October 5, 2012, by Whalen, P.C.J., of the Nova Scotia Provincial Court, who released the following written decision on November 21, 2012.

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