Supreme Court

Decision Information

Decision Content

Supreme Court of Nova Scotia

Citation: R. v. D.P., 2014 NSSC 29

Date: 20140227

Docket: CRH No. 419290A

Registry: Halifax

Between:

D.P.

(A young person within the meaning of the

Youth Criminal Justice Act (Canada))

Appellant

v.

Her Majesty the Queen

Respondent

 

Restriction on publication:    Pursuant to s. 110(1) and s. 111(1) of the Youth Criminal Justice Act, S.C. 2002, c. 1

 

 

Library Heading

Judge:

The Honourable Justice Joshua M. Arnold

Heard:

December 4, 2013 in Halifax, Nova Scotia

Subject:

Youth Criminal Justice Act sentencing for Impaired Driving

Summary:

Impaired driving; Considerations in imposing conditional discharge under s.42(2)(c) of the YCJA;

Issues:

Did the sentencing judge err in failing to impose a conditional discharge instead of probation? Was the driving prohibition necessary and, if so, was the length of the driving prohibition excessive?

Result:

Sentence varied from probation to conditional discharge under s.42(2)(c).  12 month Driving Prohibition upheld.

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