R. v. Storr (R.L.), (1995) 174 A.R. 65 (CA)

• Court: Court of Appeal (Alberta)
• Case Date: June 15, 1995
• Citations: (1995), 174 A.R. 65 (CA)

R. v. Storr (R.L.) (1995), 174 A.R. 65 (CA);

    102 W.A.C. 65

MLB headnote and full text

Her Majesty The Queen (appellant) v. Randy Layne Storr (respondent)

(Appeal No. 9503-0085-A1)

Indexed As: R. v. Storr (R.L.)

Alberta Court of Appeal

Fraser, C.J.A., Rawlins and

Wilson, JJ.(ad hoc)

June 15, 1995.

Summary:

The accused pleaded guilty to impaired driving causing bodily harm and driving while suspended, contrary to ss. 255(2) and 259(a) of the Criminal Code. The trial judge sentenced the accused to a curative treatment discharge (s. 255(5)), 90 days' imprisonment (intermit­tent), three years' probation and a six year driving prohibition. The Crown appealed.

The Alberta Court of Appeal allowed the appeal and substituted a total sentence of 2.5 years' imprisonment plus a six year driving prohibition. A curative treatment discharge was con­trary to the public interest.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - The Alberta Court of Appeal set out factors to be considered in determining whether an accused should be given a curative treatment discharge under s. 255(5) of the Criminal Code - See paragraph 17.

Criminal Law - Topic 4434

Procedure - Verdicts - Discharges and dismissals - Discharge conditional upon curative treatment - [See Criminal Law - Topic 5886.1 ].

Criminal Law - Topic 5798

Punishments (sentence) - Prohibition orders - Respecting driving of motor vehicle - [See Criminal Law - Topic 5886.1 ].

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - [See Criminal Law - Topic 5886.1 ].

Criminal Law - Topic 5886.1

Sentence - Impaired driving causing bod­ily harm - An impaired accused (.15 blood-alcohol level) recklessly drove his vehicle in a high speed chase with police during heavy traffic - The accused stopped only when he collided with 10 other vehicles, causing almost $50,000 in dam­age and injuring one other person - Accused subject to 14 different driving prohibitions, seven of them court-ordered - 14 previous drinking and driving con­victions - Accused previously received a curative treatment discharge (Criminal Code, s. 255(5)), but breached that - Six months' pretrial custody - Pleaded guilty to impaired driving causing bodily harm and driving while suspended - The trial judge granted a curative treatment dis­charge and imposed 90 days' imprisonment (intermittent), three years' probation and a six year driving prohibition - The Alberta Court of Appeal held that a curative treat­ment discharge was contrary to the public interest - An appropriate total sentence would be 4.5 years' imprisonment - How­ever, after taking into account pretrial custody, the global effect of the sentences and the accused's apparent abstention from alcohol, the court substituted a total sen­tence of 2.5 years' imprisonment and affirmed the six year driving prohibition.

Cases Noticed:

R. v. Beaulieu (1980), 21 A.R. 120; 53 C.C.C.(2d) 342 (N.W.T.S.C.), refd to. [para. 13].

R. v. Wallner (1988), 89 A.R. 282; 9 M.V.R.(2d) 7 (C.A.), refd to. [para. 15].

R. v. Stupar (1990), 111 A.R. 321; 26 M.V.R.(2d) 81 (Prov. Ct.), refd to. [para. 16].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 255(5) [para. 11].

Counsel:

B.D. Rosborough, for the appellant;

G. Kuzmicz, for the respondent.

This appeal was heard on June 15, 1995, before Fraser, C.J.A., Rawlins and Wilson, JJ.(ad hoc), of the Alberta Court of Appeal.

On June 15, 1995, Fraser, C.J.A., delivered the following memorandum of judgment orally for the Court of Appeal.