R. v. Morton, (1991) 5 B.C.A.C. 114 (CA)

• Judge: Lambert, Hutcheon and Legg, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 19, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 5 B.C.A.C. 114 (CA)

R. v. Morton (1991), 5 B.C.A.C. 114 (CA);

    11 W.A.C. 114

MLB headnote and full text

Regina (respondent) v. Robert Edward Morton (appellant)

(No. CA013801)

Indexed As: R. v. Morton

British Columbia Court of Appeal

Lambert, Hutcheon and Legg, JJ.A.

June 19, 1991.

Summary:

The accused pleaded guilty to having care and control of a motor vehicle while impaired. He was sentenced to 18 months' imprisonment. He appealed the sentence.

The British Columbia Court of Appeal dismissed the appeal.

Criminal Law - Topic 5886

Sentence - Impaired driving - In 1991 the accused pleaded guilty to having care and control of a motor vehicle while impaired - Between 1985 and 1987 he had numerous impaired driving convictions - No convictions on record between 1987 and 1991 - He was sentenced to 18 months' imprisonment - The British Columbia Court of Appeal, in dismissing his sentence appeal, stated that "for such a persistent offender the sentence of 18 months' imprisonment, coupled with the three years driving suspension, was at the lowest possible end of the range, if in the range at all" - See paragraphs 6 to 12.

Counsel:

Morton, appearing on his own behalf;

   W.R. Ehrcke, for the Crown.

This appeal was heard on June 19, 1991, before Lambert, Hutcheon and Legg, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered orally on the same date by Lambert, J.A.