R. v. Playter (B.J.), (2014) 462 Sask.R. 160 (QB)

• Judge: Danyliuk, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 06, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 462 Sask.R. 160 (QB);2014 SKQB 322

R. v. Playter (B.J.) (2014), 462 Sask.R. 160 (QB)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. DE.083

Her Majesty the Queen v. Blake John Playter

(2013 Q.B.N.J. No. 28; 2014 SKQB 322)

Indexed As: R. v. Playter (B.J.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Danyliuk, J.

October 6, 2014.

Summary:

The accused was found guilty of driving with an excessive blood-alcohol level (see 443 Sask.R. 84). The accused gave notice of his intention to seek a curative discharge pursuant to s. 255(5) of the Criminal Code.

The Saskatchewan Court of Queen's Bench held that the accused had not discharged his onus of proof under s. 255(5) and the court could not grant a curative discharge. The court sentenced the accused to 12 months' incarceration and suspended his driver's licence for three years.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - The accused was found guilty of driving with an excessive blood-alcohol level - The accused gave notice of his intention to seek a curative discharge pursuant to s. 255(5) of the Criminal Code - The accused was 53 years old - He had a significant record, although it had some gaps in the latter portion - All of it related either to drinking and driving, or driving while disqualified from doing so as a result of drinking and driving - The Saskatchewan Court of Queen's Bench held that the accused had not discharged his onus of proof under s. 255(5) and the court could not grant a curative discharge - The accused's motivation to recover was a difficult area in this case - The court could not accept that the accused's motivation was of sufficient degree that it satisfied the criterion of public interest under s. 255(5) - The court stated that "Given the accused's record, his readings on this occasion [.20 and .18.], the need for denunciation, deterrence and protection of the public, and the trend in sentencing decisions from the Saskatchewan Court of Appeal, I have determined that a term of incarceration is required in this case" - The court sentenced the accused to 12 months' incarceration and suspended his driver's licence for three years.

Cases Noticed:

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, refd to. [para. 46].

R. v. Knott (D.W.), [2012] 2 S.C.R. 470; 433 N.R. 38; 324 B.C.A.C. 1; 551 W.A.C. 1; 2012 SCC 42, refd to. [para. 47].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 48].

R. v. Ahenakew (S.D.), [2006] 4 W.W.R. 27; 269 Sask.R. 166; 357 W.A.C. 166; 2005 SKCA 93, refd to. [para. 52].

R. v. Almassey (D.J.) (2013), 411 Sask.R. 285; 42 M.V.R.(6th) 63; 2013 SKQB 19, refd to. [para. 52].

R. v. Anderson (C.G.) (2011), 380 Sask.R. 301; 25 M.V.R.(6th) 141; 2011 SKPC 172, refd to. [para. 52].

R. v. Weisgerber (R.) (2009), 340 Sask.R. 298; 2009 SKPC 107, refd to. [para. 52].

R. v. Ashberry and Mills (1989), 30 O.A.C. 376; 47 C.C.C.(3d) 138 (C.A.), refd to. [para. 53].

R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), refd to. [para. 56].

R. v. Anaquod (E.G.) (2005), 269 Sask.R. 298; 357 W.A.C. 298; 2005 SKCA 109, refd to. [para. 57].

R. v. Clarke (L.D.) (2013), 427 Sask.R. 50; 591 W.A.C. 50; 56 M.V.R.(6th) 163; 2013 SKCA 130, refd to. [para. 57].

R. v. Wallner (1988), 89 A.R. 282; 44 C.C.C.(3d) 358 (C.A.), refd to. [para. 63].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(5) [para. 49]; sect. 730(1) [para. 50].

Counsel:

Norma E. Quaroni for the Crown;

David G. Kreklewich for the accused.

This matter was heard before Danyliuk, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on October 6, 2014.