R. v. Omar, (1985) 62 N.B.R.(2d) 202 (PC)

• Judge: Rice, P.C.J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: February 28, 1985
• Jurisdiction: New Brunswick
• Citations: (1985), 62 N.B.R.(2d) 202 (PC)

R. v. Omar (1985), 62 N.B.R.(2d) 202 (PC);

         62 R.N.-B.(2e) 202; 161 A.P.R. 202

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R. v. Omar

Indexed As: R. v. Omar

Répertorié: R. v. Omar

New Brunswick Provincial Court

Rice, P.C.J.

February 28, 1985.

Summary:

Résumé:

The accused pleaded guilty to driving a motor vehicle while having an excessive blood-alcohol content, contrary to s. 236(1) of the Criminal Code of Canada. The Crown sought a greater punishment because of two previous convictions for the same offence. The accused applied under s. 236(2) for the imposition of a conditional discharge, with probation providing for curative treatment in relation to the accused's consumption of alcohol.

The New Brunswick Provincial Court allowed the accused's application and granted a conditional discharge with probation.

Criminal Law - Topic 4431

Procedure - Verdicts, discharges and dismissals - Conditional discharge in lieu of conviction - An alcoholic pleaded guilty to his third offence of driving with an excessive blood-alcohol content - The accused had unsuccessfully attempted to cure himself of his disease; the offence occurred following 5.5 months of sobriety - Professional rehabilitative treatment necessary - Accused well motivated - Strong family support - The New Brunswick Provincial Court granted the accused a conditional discharge, with probation requiring him to undertake rehabilitative treatment.

Criminal Law - Topic 5886

Sentence - Impaired driving - Accused pleaded guilty to driving with an excessive blood-alcohol content - Two prior convictions for same offence in 1982 and 1983 - Accused had recognized his alcoholism and unsuccessfully attempted to cure himself; offence occurred following 5.5 months of sobriety - Stable family unit with supportive wife - Professional rehabilitative treatment required - The New Brunswick Provincial Court granted the accused a conditional discharge, with probation requiring him to undertake rehabilitative treatment.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 236(2) [paras. 2,4].

Counsel:

[None disclosed.]

This charge was heard before Rice, P. C.J., of the New Brunswick Provincial Court, whose decision was delivered at St. Stephen, N.B., on February 28, 1985.