R. v. Parker (R.D.R.), (1996) 154 N.S.R.(2d) 289 (SC)

• Judge: J.M. MacDonald, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 11, 1996
• Jurisdiction: Nova Scotia
• Citations: (1996), 154 N.S.R.(2d) 289 (SC)

R. v. Parker (R.D.R.) (1996), 154 N.S.R.(2d) 289 (SC);

    452 A.P.R. 289

MLB headnote and full text

Her Majesty The Queen v. Ralph Douglas Ross Parker

(C.R. 123183)

Indexed As: R. v. Parker (R.D.R.)

Nova Scotia Supreme Court

J.M. MacDonald, J.

October 11, 1996.

Summary:

The 21 year old accused was convicted of two counts of dangerous driving causing death and two counts of dangerous driving causing bodily harm.

The Nova Scotia Supreme Court sentenced the accused to a total of impris­onment for two years less a day plus two years' proba­tion and a 10 year driving pro­hibition. The court exercised its discretion under s. 742.1 of the Criminal Code and ordered that the accused serve his sentence in the community instead of in jail (i.e., conditional sentence). The court ordered strict conditions, including house arrest for the full period and 240 hours of community service, including speaking to young persons to convey the message that this type of tragedy could happen to them. The court ordered a further 240 hours of community service on like terms for the two year pro­bation period.

Criminal Law - Topic 5653

Punishments (sentence) - Imprisonment and parole - House arrest - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5720.3

Punishments (sentence) - Conditional sentence - Considerations - [See Crimi­nal Law - Topic 5720.4 ].

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When appropriate - The 21 year old accused was convicted of two counts of dangerous driving causing death and two counts of dangerous driving caus­ing bodily harm - The accused drove his high-performance motor vehicle in an erratic manner on a busy street - Not an experienced driver - Exceeded speed limit - While attempting to pass another vehicle, the accused lost control, went over the curb and hit four teenagers sitting on a church lawn - Two died - The other two were seriously injured and suf­fered perma­nent emotional scarring - Alcohol not a contributing factor - No related criminal record - Accused re­morseful and accepted responsibility - Positive pre-sentence report - Dysfunctional home life - Accused had children he supported - The Nova Scotia Supreme Court held that an appropriate total sentence was imprison­ment for two years less a day, two years' probation and a 10 year driving prohibition - The court exercised its discretion under s. 742.1 of the Criminal Code and ordered that the accused serve his sentence in the com­munity instead of in jail (i.e., condi­tional sentence) - The court ordered strict condi­tions, including house arrest for the full period and 240 hours of community ser­vice, including speaking to young per­sons to convey the message that this type of tragedy could happen to them - The court ordered a further 240 hours of com­munity service on like terms for the two year probation period.

Criminal Law - Topic 5720.5

Punishments (sentence) - Conditional sentence - Conditions of - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5720.4 ].

Criminal Law - Topic 5865.1

Sentence - Dangerous driving causing death or bodily harm - [See Criminal Law - Topic 5720.4 ].

Cases Noticed:

R. v. Grady (1971), 5 N.S.R.(2d) 264 (C.A.), refd to. [para. 9].

R. v. Chisholm (1985), 67 N.S.R.(2d) 66; 155 A.P.R. 66 (C.A.), refd to. [para. 9].

R. v. MacEachern (1990), 96 N.S.R.(2d) 68; 253 A.P.R. 68 (C.A.), refd to. [para. 10].

R. v. Machek (D.T.) (1994), 136 N.S.R.(2d) 203; 388 A.P.R. 203 (C.A.), refd to. [para. 11].

R. v. Stewart (M.R.) (1992), 135 A.R. 173; 33 W.A.C. 173 (C.A.), refd to. [para. 12].

R. v. Stewart (M.R.) (1993), 145 A.R. 37; 55 W.A.C. 37 (C.A.), refd to. [para. 13].

R. v. Hollinsky (1996), 46 C.R.(4th) 95, refd to. [para. 16].

R. v. Thompson (1983), 58 N.S.R.(2d) 51; 123 A.P.R. 51 (C.A.), refd to. [para. 18].

R. v. MacGillivary (D.G.) (1993), 126 N.S.R.(2d) 275; 352 A.P.R. 275 (C.A.), refd to. [para. 19].

R. v. Baddeley (1991), 113 A.R. 253; 29 M.V.R.(2d) 17 (C.A.), refd to. [para. 20].

R. v. Dingwall (M.G.) (1994), 130 N.S.R.(2d) 170; 367 A.P.R. 170 (S.C.), refd to. [para. 21].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 718, sect. 718.1 [para. 6]; sect. 718.2 [para. 7]; sect. 742.1 [para. 30].

Counsel:

Paul Bychok, for the Crown;

Joel Pink, Q.C., for the accused.

This case was heard on June 17 and 28, 1996, before J.M. MacDonald, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on October 11, 1996, with written release on October 23, 1996.