R. v. Stone (M.), 2004 YKCA 11

• Judge: Saunders, Levine and Thackray, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: August 19, 2004
• Jurisdiction: Yukon
• Citations: 2004 YKCA 11;(2004), 202 B.C.A.C. 250 (YukCA)

R. v. Stone (M.) (2004), 202 B.C.A.C. 250 (YukCA);

    331 W.A.C. 250

MLB headnote and full text

Temp. Cite: [2004] B.C.A.C. TBEd. SE.039

Regina (respondent) v. Martin Stone (appellant)

(YU490; 2004 YKCA 11)

Indexed As: R. v. Stone (M.)

Yukon Court of Appeal

Saunders, Levine and Thackray, JJ.A.

August 19, 2004.

Summary:

The accused was convicted of driving a motor vehicle while having an excessive blood-alcohol level. The accused's sentence included a five year driving prohibition. The accused appealed the length of the driving prohibition.

The Yukon Court of Appeal, Saunders, J.A., dissenting, dismissed the appeal.

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - The accused pleaded guilty to driving a motor vehicle while having an excessive blood-alcohol level (over twice the legal limit) - He was also charged with breach of his recognizance, when he drove his vehicle following his release, contrary to the terms of his recognizance - The accused had five prior drinking and driving related convictions - The judge sentenced the accused to nine months' imprisonment and a five year driving prohibition - As a repeat offender, the minimum driving prohibition was three years - The accused appealed the length of the driving prohib­ition, submitting that it was excessive and constituted a hardship on him and his family - The Yukon Court of Appeal held that while the usual prohibition for second offences was the mandatory three year prohibition, a five year prohibition was not demonstrably unfit in the circumstances of the case - See paragraphs 1 to 27.

Criminal Law - Topic 5886

Sentence - Impaired driving - [See Crimi­nal Law - Topic 5798 ].

Cases Noticed:

R. v. Gagnon (G.J.), [2003] Yukon Cases (Terr. Ct.) 89; 2003 YKTC 89, refd to. [para. 15].

R. v. Mullin, 2003 YKTC 3, refd to. [para. 15].

R. v. Charlie, 2002 YKTC 86, refd to. [para. 15].

R. v. Croswell (J.) (2002), 218 Sask.R. 289; 2002 SKQB 179, refd to. [para. 15].

R. v. McLellan, 2002 BCPC 248, refd to. [para. 15].

R. v. Jones (M.V.) (2001), 158 B.C.A.C. 317; 258 W.A.C. 317; 2001 BCCA 680, dist. [para. 15].

R. v. MacDonald (J.K.) (1999), 138 Man.R.(2d) 194; 202 W.A.C. 194 (C.A.), refd to. [para. 15].

R. v. Hunt (D.W.) (2001), 207 Nfld. & P.E.I.R. 104; 620 A.P.R. 104 (Nfld. S.C.), refd to. [para. 18].

R. v. Westerman, [2002] O.J. No. 1412, refd to. [para. 18].

R. v. Lacourse (L.B.), [2001] O.T.C. 1026 (Sup. Ct.), 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, refd to. [para. 20].

R. v. Biancofiore (N.F.) (1997), 103 O.A.C. 292; 35 O.R.(3d) 782 (C.A.), refd to. [para. 23].

R. v. Johnson (D.K.) (1996), 84 B.C.A.C. 261; 137 W.A.C. 261; 112 C.C.C.(3d) 225 (C.A.), refd to. [para. 26].

Counsel:

E.B. Cairns, for the appellant;

K. Drolet, for the respondent.

This appeal was heard on May 26, 2004, at Whitehorse, Yukon Territory, before Saun­ders, Levine and Thackray, JJ.A., of the Yukon Court of Appeal.

The judgment of the Court of Appeal was delivered on August 19, 2004, and the fol­lowing opinions were filed:

Thackray, J.A. (Levine, J.A., concurring) - see paragraphs 1 to 27;

Saunders, J.A., dissenting - see para­graphs 28 to 44.