R. v. Pellizzon (D.J.), (2003) 333 A.R. 227 (PC)

• Judge: Meagher, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: April 03, 2003
• Citations: (2003), 333 A.R. 227 (PC);2003 ABPC 63

R. v. Pellizzon (D.J.) (2003), 333 A.R. 227 (PC)

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. MY.114

Her Majesty The Queen v. Derek John Pellizzon

(017249335P10101; 0103; 0107; 017280652P10102; 2003 ABPC 63)

Indexed As: R. v. Pellizzon (D.J.)

Alberta Provincial Court

Meagher, P.C.J.

April 3, 2003.

Summary:

The accused pleaded guilty to dangerous driving causing bodily harm while evading police, dangerous driving, theft under $5,000, break and enter to commit an indictable offence, and possession of property obtained by crime.

The Alberta Provincial Court sentenced the accused to: three years and two months' imprisonment for dangerous driving causing bodily harm while evading police; four months' consecutive for dangerous driving; two months' consecutive for theft under $5,000; two months' consecutive for break and enter to commit an indictable offence; and two months' consecutive for possession of property obtained by crime. The sentences were consecutive to a two year sentence that the accused was serving for unrelated matters. The court imposed a seven year driving prohibition.

Criminal Law - Topic 5851

Sentence - Break and enter - The accused (aged 21) drove a stolen vehicle in a dangerous manner almost hitting several people - He evaded police in a high speed chase - He avoided a spike belt by crossing into heavy oncoming traffic - While travelling the wrong way on an entrance ramp he struck another vehicle, seriously injuring its driver - 33 prior convictions - Subject to two probation orders and a peace bond at time of offences - Anti-social personality disorder - The Alberta Provincial Court considered the accused's early guilty plea and nine months' pre-trial custody and sentenced him to: three years and two months' imprisonment for dangerous driving causing bodily harm while evading police; four months' consecutive for dangerous driving; two months' consecutive for theft under $5,000; two months' consecutive for break and enter to commit an indictable offence; and two months' consecutive for possession of property obtained by crime - The sentences were consecutive to a two year sentence that the accused was serving for unrelated matters - The court imposed a seven year driving prohibition.

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5862

Sentence - Possession of stolen goods or goods obtained by crime - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5865

Sentence - Dangerous driving - [See Criminal Law - Topic 5851 ].

Criminal Law - Topic 5865.3

Sentence - Dangerous driving causing death or bodily harm while evading police - [See Criminal Law - Topic 5851 ].

Cases Noticed:

R. v. Singh (K.) (1995), 174 A.R. 350; 102 W.A.C. 350 (C.A.), refd to. [para. 12].

R. v. Collins (J.C.) (1995), 174 A.R. 185; 102 W.A.C. 185 (C.A.), refd to. [para. 12].

R. v. Hindes (S.C.) (2000), 261 A.R. 108; 225 W.A.C. 108; 4 M.V.R.(4th) 141 (C.A.), refd to. [para. 17].

R. v. Konkolus (1988), 86 A.R. 144; 6 M.V.R.(2d) 220 (C.A.), refd to. [para. 26].

R. v. Mellstrom (1975), 22 C.C.C.(2d) 472 (Alta. C.A.), refd to. [para. 29].

R. v. Keevil (J.) (2003), 167 O.A.C. 329 (C.A.), refd to. [para. 42].

R. v. Bohaychuk (P.G.) (1997), 209 A.R. 136; 160 W.A.C. 136 (C.A.), refd to. [para. 44].

R. v. Tkachuk (E.A.) (2001), 293 A.R. 171; 257 W.A.C. 171 (C.A.), refd to. [para. 46].

R. v. Laxdal, [1992] M.J. No. 71 (Prov. Ct.), refd to. [para. 47].

R. v. Michael, [1985] A.J. No. 271 (C.A.), dist. [para. 50].

R. v. Murphy (M.A.) (1993), 135 A.R. 193; 33 W.A.C. 193 (C.A.), dist. [para. 50].

R. v. Adel, [1993] A.J. No. 1008 (C.A.), dist. [para. 51].

R. v. Clark, [1994] Alta. D. 7165-03; 161 A.R. 14 (Q.B.), refd to. [para. 53].

R. v. Morrison, [1993] A.J. No. 779 (C.A.), refd to. [para. 54].

R. v. Cartwright (T.L.) (1995), 169 A.R. 315; 97 W.A.C. 315 (C.A.), refd to. [para. 55].

R. v. Reddon (J.K.) (1998), 233 A.R. 189 (Prov. Ct.), refd to. [para. 56].

Counsel:

J. Rees, for the Crown;

K. Ross, for the defence.

This matter was heard at Okotoks, Alberta, by Meagher, P.C.J., of the Alberta Provincial Court, who released the following decision on April 3, 2003.