R. v. Sandfly (G.), 2010 SKPC 39

• Judge: Labach, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: April 20, 2010
• Jurisdiction: Saskatchewan
• Citations: 2010 SKPC 39;(2010), 355 Sask.R. 130 (PC)

R. v. Sandfly (G.) (2010), 355 Sask.R. 130 (PC)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. AP.059

Her Majesty The Queen v. Geoffrey Sandfly

(Information Nos. 24336567; 24336637; Tkt. No. 6756763; 2010 SKPC 39)

Indexed As: R. v. Sandfly (G.)

Saskatchewan Provincial Court

Labach, P.C.J.

April 20, 2010.

Summary:

The accused pleaded guilty under the Criminal Code to driving a motor vehicle while having a blood-alcohol content exceeding the legal limit and two counts of driving while disqualified. He also pleaded guilty under the provincial Traffic Safety Act to driving an unregistered vehicle. The accused sought a curative discharge (Criminal Code, s. 255(5)) for the over .08 driving offence and non-imprisonment for the remaining offences.

The Saskatchewan Provincial Court declined to grant a curative discharge. The evidence failed to establish, on a balance of probabilities, that the accused was in need of curative treatment. The court imposed concurrent sentences of two years' imprisonment plus three years' probation for all three driving offences. He was sentenced to one day's imprisonment (time served) for the provincial offence of driving an unregistered vehicle.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - The accused pleaded guilty under the Criminal Code to driving a motor vehicle while having a blood-alcohol content exceeding the legal limit and two counts of driving while disqualified - He also pleaded guilty under the provincial Traffic Safety Act to driving an unregistered vehicle - The accused sought a curative discharge (Criminal Code, s. 255(5)) for the over .08 driving offence and non-imprisonment for the remaining offences - The accused had 46 prior convictions, including 25 for driving related offences (mostly driving while disqualified) - His last impaired driving conviction was in 1998 - The Crown gave notice of its intention to seek greater punishment - The Saskatchewan Provincial Court declined to grant a curative discharge - A curative discharge was available only where the accused needed curative treatment and treatment would not be contrary to the public interest - The evidence failed to establish, on a balance of probabilities, that the accused needed curative treatment - The accused was a serial driving offender - Court of Appeal precedent made protection of the public paramount and usually required the accused's removal from society to protect the public - The accused's 28 convictions for breaching various court orders showed that neither general nor specific deterrence had any effect on the accused - The court sentenced the accused to two years' imprisonment plus three years' probation for driving over .08 and the two driving while disqualified offences (all concurrent to each other) - He was sentenced to one day's imprisonment (time served) for the provincial driving offence.

Criminal Law - Topic 5835

Sentencing - Considerations on imposing sentence - Protection of the public - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offences (incl. not criminally responsible, repeat, dangerous or long-term offenders) - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5849.13

Sentencing - Considerations on imposing sentence - Drinking and driving offences - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - [See Criminal Law - Topic 4434 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Criminal Law - Topic 4434 ].

Cases Noticed:

R. v. Redding (D.K.) (2009), 330 Sask.R. 10; 2009 SKPC 33, refd to. [para. 15].

R. v. Weisgerber (R.) (2009), 340 Sask.R. 298; 2009 SKPC 107, refd to. [para. 15].

R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), refd to. [para. 15].

R. v. Ahenakew (S.D.) (2005), 269 Sask.R. 166; 357 W.A.C. 166; 2005 SKCA 93, refd to. [para. 16].

R. v. Kakakaway (A.) (1998), 168 Sask.R. 306; 173 W.A.C. 306 (C.A.), refd to. [para. 53].

R. v. Paddy (W.F.) (2001), 213 Sask.R. 300; 260 W.A.C. 300 (C.A.), refd to. [para. 54].

R. v. Harrison (C.D.) (2004), 254 Sask.R. 159; 336 W.A.C. 159 (C.A.), refd to. [para. 57].

R. v. Frank (R.R.) (2005), 257 Sask.R. 266; 342 W.A.C. 266 (C.A.), refd to. [para. 58].

R. v. Mantee (T.B.) (2005), 275 Sask.R. 114; 365 W.A.C. 114 (C.A.), refd to. [para. 59].

R. v. Acoose (C.P.) (2008), 314 Sask.R. 106; 435 W.A.C. 106 (C.A.), refd to. [para. 60].

R. v. Bear (L.E.) (1994), 120 Sask.R. 294; 68 W.A.C. 294 (C.A.), refd to. [para. 61].

R. v. Anaquod (E.G.) (2005), 269 Sask.R. 298; 357 W.A.C. 298 (C.A.), refd to. [para. 64].

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. 66].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(5) [para. 13].

Counsel:

Allan Fern, for the Crown;

Tim Rickard, for the accused.

This matter was heard before Labach, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on April 20, 2010.