R. v. P.S., (2015) 434 N.B.R.(2d) 147 (TD)

• Judge: DeWare, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 27, 2015
• Jurisdiction: New Brunswick
• Citations: (2015), 434 N.B.R.(2d) 147 (TD);2015 NBQB 81

R. v. P.S. (2015), 434 N.B.R.(2d) 147 (TD);

    434 R.N.-B.(2e) 147; 1132 A.P.R. 147

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2015] N.B.R.(2d) TBEd. AP.023

Renvoi temp.: [2015] N.B.R.(2d) TBEd. AP.023

Her Majesty the Queen v. P.S.

(W/CR/4/14; 2015 NBQB 81; 2015 NBBR 81)

Indexed As: R. v. P.S.

Répertorié: R. v. P.S.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Woodstock

DeWare, J.

March 31, 2015.

Summary:

Résumé:

On May 18, 2012, a vehicle driven by the accused aboriginal young person collided with another vehicle. The accused was seriously injured as were two people in the other vehicle. The accused's passenger was killed. On January 24, 2014, the accused was charged with offences, including impaired driving causing death and causing bodily harm. Trial dates were fixed for January 2015. Alleging a breach of her right to be tried within a reasonable time under ss. 7 and 11(b) of the Charter, the accused moved for a stay of proceedings.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 432 N.B.R.(2d) 97; 1128 A.P.R. 97, denied the motion. The accused pled guilty to driving while having a blood alcohol level in excess of the legal limit causing death (s. 255(3.1) of the Criminal Code) (count one) and causing bodily harm (s. 255(2.1)) (counts two and three).

The New Brunswick Court of Queen's Bench, Trial Division, imposed sentences as follow: for count one, two years of custody and supervision (six months closed custody) and for counts two and three, six months of custody and supervision (two months closed custody) for each count, to be served concurrently and concurrent with the sentence for count one. The accused was subject to a 10 year driving prohibition, commencing when she was released from custody. The accused was also ordered to provide DNA samples.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - A vehicle driven by the accused aboriginal young person collided with another vehicle - The accused was seriously injured as were two people in the other vehicle - The accused's passenger was killed - The accused pled guilty to driving while having a blood alcohol level in excess of the legal limit causing death (s. 255(3.1) of the Criminal Code) (count one) and causing bodily harm (s. 255(2.1)) (counts two and three) - The New Brunswick Court of Queen's Bench, Trial Division, imposed sentences as follow: for count one, two years of custody and supervision (six months closed custody) and for counts two and three each, six months of custody and supervision (two months closed custody), to be served concurrently with the sentence for count one - As these were violent offences, a custodial sentence was available - Mitigating factors included the guilty pleas, no prior convictions and the accused's positive strides in her personal life - She no longer used alcohol or drugs - She had returned to school and was caring for her young son - Further, the accused had experienced a very difficult childhood with extensive exposure to drugs and alcohol - Aggravating factors included the accused's blood alcohol level (158 to 182 mg%) and the violent death and injuries - After she had recovered from her own injuries, the accused returned to her previous lifestyle - She stopped using drugs and alcohol only when she became pregnant - Given the facts here, respect for the law would be undermined if a custodial sentence was not imposed - A custodial sentence was required to accomplish the goal of accountability and to ensure that the accused continued on her path of rehabilitation and reintegration - Respect for the accused required holding her accountable - The accused was subject to a 10 year driving prohibition, commencing when she was released from custody - See paragraphs 44 to 72.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5798 ].

Criminal Law - Topic 5864.1

Sentence - Impaired driving causing death - [See Criminal Law - Topic 5798 ].

Criminal Law - Topic 5886.1

Sentence - Impaired driving causing bodily harm - [See Criminal Law - Topic 5798 ].

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 5798 ].

Criminal Law - Topic 8817.3

Young offenders - Decisions (incl. punishments) - Custody and supervision order (incl. breach and review) - [See Criminal Law - Topic 5798 ].

Criminal Law - Topic 8817.4

Young offenders - Decisions (incl. punishments) - Custody - Violent offences - [See Criminal Law - Topic 5798 ].

Droit criminel - Cote 5798

Peines (sentence) - Ordonnances d'interdiction - Conduite d'un véhicule à moteur - [Voir Criminal Law - Topic 5798 ].

Droit criminel - Cote 5846.1

Détermination de la peine - Facteurs considérés lors de l'infliction de la peine - Contrevenants autochtones - [Voir Criminal Law - Topic 5846.1 ].

Droit criminel - Cote 5864.1

Peine - Conduite avec capacité affaiblie (y compris alcoolémie excessive) causant la mort - [Voir Criminal Law - Topic 5864.1 ].

Droit criminel - Cote 5886.1

Peine - Conduite avec facultés affaiblies causant des lésions corporelles - [Voir Criminal Law - Topic 5886.1 ].

Droit criminel - Cote 8806

Jeunes contrevenants - Décisions (y compris les peines) - Facteurs à considérer dans la détermination de la peine - [Voir Criminal Law - Topic 8806 ].

Droit criminel - Cote 8817.3

Jeunes contrevenants - Décisions (y compris les peines) - Ordonnance de placement et de surveillance (y compris violation et révision) - [Voir Criminal Law - Topic 8817.3 ].

Droit criminel - Cote 8817.4

Jeunes contrevenants - Décisions (y compris les peines) - Garde - Infractions violentes - [Voir Criminal Law - Topic 8817.4 ].

Cases Noticed:

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 33].

R. v. B.W.P.; R. v. B.V.N., [2006] 1 S.C.R. 941; 350 N.R. 1; 205 Man.R.(2d) 282; 375 W.A.C. 282; 227 B.C.A.C. 1; 374 W.A.C. 1; 2006 SCC 27, refd to. [para. 45].

R. v. I.R.N. (2010), 253 Man.R.(2d) 284; 2010 MBQB 137, refd to. [para. 49].

R. v. L.E.S. (2007), 306 Sask.R. 160 (Prov. Ct.), refd to. [para. 51].

R. v. M.A. (2012), 383 N.B.R.(2d) 157; 991 A.P.R. 157; 2012 NBPC 4, refd to. [para. 54].

Counsel:

Avocats:

Christopher R. Lavigne and A. Brian Munn, for the Crown;

Sylvain Pelletier, for the accused.

This matter was heard on February 27, 2015, by DeWare, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Woodstock, who delivered the following judgment on March 31, 2015.