SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Polley, 2014 NSSC 283
Date: 20140722
Docket: CR. Am. 416879
Registry: Amherst
Between:
Her Majesty the Queen
v.
Charles Henry Polley
LIBRARY HEADING
Judge: The Honourable Justice A. David MacAdam
Heard: June 4, 2014, in Amherst, Nova Scotia
Final Written
Submissions: May 22, 2014
Written Decision: July 22, 2014
Subject: Criminal law; criminal negligence causing death; sentencing; joint sentencing submissions
Summary: The offender pleaded guilty to criminal negligence causing death, contrary to s. 220(b) of the Criminal Code. He drove while significantly impaired and crashed the vehicle, causing the death of his passenger.
Issue: What was a fit and proper sentence?
Result: There was a joint submission on sentencing. The court concluded that the proposed sentence appropriately balanced the necessary factors, particularly general deterrence, which was to be emphasized in cases involving impaired driving. The offender received a sentence of 4.5 years imprisonment, in addition to a 20-year driving prohibition effective on his release, and a DNA order.
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