R. v. Murphy, (1987) 85 N.S.R.(2d) 28 (CoCt)

• Case Date: December 07, 1987
• Jurisdiction: Nova Scotia
• Citations: (1987), 85 N.S.R.(2d) 28 (CoCt)

R. v. Murphy (1987), 85 N.S.R.(2d) 28 (CoCt);

    216 A.P.R. 28

MLB headnote and full text

R. v. John Arthur Murphy

Indexed As: R. v. Murphy

Nova Scotia County Court

District Number One

Cacchione, J.C.C.

December 7, 1987.

Summary:

An accused pleaded guilty to driving with an excessive blood-alcohol level. The Crown asked for an increased penalty by reason of previous convictions. The trial judge found the notice of intention to seek increased penalty defective and refused to impose a period of incarceration. The Crown appealed.

The Nova Scotia County Court allowed the appeal.

Criminal Law - Topic 5606

Punishments - General principles - Increased punishment for prior convictions - A trial court found that a notice of intention to seek increased penalty was defective because it failed to state the penalty - The court consequently refused to impose a period of incarceration on an accused who had prior convictions - The Crown appealed - The Nova Scotia County Court allowed the appeal and remitted the matter to the trial court for imposition of increased sentence - The court held that there was no need to set out the possible penalties in the notice - The court further held that the notice did not contravene s. 7 of the Charter - See paragraphs 4 to 8.

Cases Noticed:

R. v. Pidlubny, [1973] 1 O.R. 715; 20 C.R.N.S. 310; 10 C.C.C.(2d) 178 (C.A.), refd to. [para. 4].

R. v. Bear (1979), 47 C.C.C.(2d) 462; 2 Sask.R. 191, refd to. [para. 4].

R. v. Lyons (1988), 80 N.R. 161; 82 N.S.R.(2d) 271; 207 A.P.R. 271, refd to. [para. 5].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 592(1) [paras. 4, 5, 8]; sect. 592(2) [paras. 7, 8].

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 5].

Counsel:

Adrian C. Reid, for the appellant;

Stephen G. Coughlan, for the respondent.

This appeal was heard before Cacchione, J.C.C., of the Nova Scotia County Court, District Number One, who delivered the following judgment on December 7, 1987.