R. v. Parker (R.D.R.), (1997) 159 N.S.R.(2d) 166 (CA)

• Judge: Hallett, Pugsley and Bateman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: May 05, 1997
• Jurisdiction: Nova Scotia
• Citations: (1997), 159 N.S.R.(2d) 166 (CA);1997 CanLII 14391 (NS CA);116 CCC (3d) 236;159 NSR (2d) 166;29 MVR (3d) 298;468 APR 166

R. v. Parker (R.D.R.) (1997), 159 N.S.R.(2d) 166 (CA);

    468 A.P.R. 166

MLB headnote and full text

Her Majesty The Queen (appellant) v. Ralph Douglas Ross Parker (respondent)

(C.A.C. No. 133174)

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

Nova Scotia Court of Appeal

Hallett, Pugsley and Bateman, JJ.A.

May 5, 1997.

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, in a judgment reported 154 N.S.R.(2d) 289; 452 A.P.R. 289, 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. The Crown appealed on the ground that a conditional sentence was inappropriate in light of the need for general deterrence and denunciation.

The Nova Scotia Court of Appeal dis­missed the appeal.

Criminal Law - Topic 5653

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

Criminal Law - Topic 5720.3

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

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or 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 presentence report - Dysfunctional home life - Accused had children he supported - The trial judge held that an appropriate total sentence was imprison­ment for two years less a day, two years' probation and a 10 year driving prohibition - The trial judge exer­cised his discretion under s. 742.1 of the Criminal Code and ordered that the accused serve his sentence in the com­munity (condi­tional sentence) with 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 Nova Scotia Court of Appeal dismissed the Crown's sentence appeal, rejecting the sub­mission that a conditional sentence did not adequately meet the needs of general deterrence and denunciation - See para­graphs 39 to 62.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - Section 742.1 of the Criminal Code gave sentencing judges a discretion to impose a conditional sentence where, inter alia, serving the sentence in the community would not endanger the safety of the com­munity - The Nova Scotia Court of Appeal held that endangerment of the community was "restricted to factors par­ticular to the offender and does not include matters of general deterrence and denunci­ation" - See paragraph 31.

Criminal Law - Topic 5720.5

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

Criminal Law - Topic 5798

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

Criminal Law - Topic 5865.1

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

Criminal Law - Topic 6201

Sentencing - Appeals - Variation of sen­tence - Powers of appeal court - The Nova Scotia Court of Appeal discussed the standard of review on a sentence appeal and the deference due to a sentencing judge's decision - See paragraphs 18 to 21.

Cases Noticed:

R. v. Shropshire (M.T.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37; 102 C.C.C.(3d) 193; 129 D.L.R.(4th) 657; 43 C.R.(4th) 269, refd to. [para. 18].

R. v. Muise (D.R.) (1994), 135 N.S.R.(2d) 81; 386 A.P.R. 81; 94 C.C.C.(3d) 119 (C.A.), refd to. [para. 18].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81; 105 C.C.C.(3d) 327, refd to. [para. 20].

R. v. Wheatley (R.A.) (1997), 159 N.S.R.(2d) 161; 468 A.P.R. 161 (C.A.), refd to. [para. 21].

R. v. McDonald (D.P.) (1997), 152 Sask.R. 81; 140 W.A.C. 81 (C.A.), refd to. [para. 22].

R. v. J.W. (1997), 99 O.A.C. 161 (C.A.), refd to. [para. 22].

R. v. Pierce (M.) (1997), 97 O.A.C. 253 (C.A.), refd to. [para. 30].

R. v. Scidmore, [1996] O.J. No. 4446 (C.A.), refd to. [para. 35].

R. v. Arsiuta (J.) (1997), 115 Man.R.(2d) 105; 139 W.A.C. 105 (C.A.), refd to. [para. 37].

R. v. Hollinsky (1995), 46 C.R.(4th) 95 (Ont. C.A.), refd to. [para. 43].

R. v. Thompson (1983), 58 N.S.R.(2d) 51; 123 A.P.R. 51 (C.A.), refd to. [para. 43].

R. v. Gray (K.R.) (1996), 16 O.T.C. 47 (Gen. Div.), refd to. [para. 41].

R. v. Lokanc, [1996] A.J. No. 1191 (Q.B.), refd to. [para. 58].

R. v. Grady (1971), 5 N.S.R.(2d) 264 (C.A.), refd to. [para. 59].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 718, sect. 718.1, sect. 718.2 [para. 23]; sect. 742.1 [para. 24]; sect. 742.3 [para. 25].

Counsel:

Stephanie Cleary, for the appellant;

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

This appeal was heard on April 15, 1997, before Hallett, Pugsley and Bateman, JJ.A., of the Nova Scotia Court of Appeal.

On May 5, 1997, Bateman, J.A., delivered the following judgment for the Court of Appeal.