Ul- I'iij'^ UUi^JLii\iijoT l ' ^ i a < l l ' U K l E C ) U#s, SC CK -(H 004 In the matter between; HER MAJESTY THE QUEEî Respondent
and HOV/AHD A. JONES Appel lant I A Transcript of the Reasons for Judgment of the Honourable Mr. Justice W.G. Morrow, given at Inuvik N.W.T. on the 14th day of May AD 197^ O.J.T. Troy Esq. Q.C. appeared on behalf of the Respondent The Appellant appoared without counsel.
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liortJiV.'cr.t Tfrritoric" > TO: Tho Coui-t of Aprjcol f o r t h e i'i or chw e .51 Tcr-^ :L t or i e s ,
On the /or^-/ day of /-.'.••;.y 19 7J 0 o •..l.\r''/. , IJorthwest Territories, I vjas convicted on a charRC of ^..•., 'C/A C-/ A V-'dV^-'y-• e c t i o n .v,^./ of y/z / ' ? ' Q-'.-y ' ' ^ .. " ^ '.:/ " .^ • : • • ' iy unae: -// " " before Police Hsgistrate /, . /-/,//;,•,,?J ' .;> 1 and was sentenced to ..•:? /'^---^ ^'- ""•T̂'l or / 0 I wisi) to ax-̂ pea]. againr.t the e'0-.rÂ-i-̂i>t\=ci*T:
(•.':«? sentence) on the follovjing grounds: -/ ('̂ ), " -^'/•^' ' .^i>:r'", ,<-'-̂ .''̂ x.) ?'^-/ /-;/>. "̂•̂ ^ x-^., ;',-r ..J- •^uVrS"' I ̂ . r ..<-'^x-r>/ yJ (b) _.vr:^\>.v;'/^='.j / (c)
I am (:;j-.:̂¥̂e'̂) desirous of being present in person upon the hearing of this aP"oeal, Tr.is roi'-.'i :to be nreocred in six copies. Original oh: cuolicate for the Court of A-ope l̂. Yell-^^iknife, :n-'; Copies zo Ir.r-.rriV.nt, Convicting Court, Cro'-jn Counsel fjnd
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'J k r The Court: There are two appeals. V.hich one do 5'ou wish first. Mr. Troy: Mr. Howard Allen Jones. TheJfacts are much the same, and I \;ould like them heard together. The Court: Very well. (Mr. Troy presented the facts on behalf of the Respondent, and the Appellant spoke on his own behalf) The Court: V/ell, as I said a moment ago, Justice of the Peace Milligan is a very experienced Justice of the Peace, and has a good reputation in the Northwest Territories, and as a matter of fact, I should observe that there are very I! few appeals from Mr. Milligan, v;ho is an » exceptionally experienced man.
Now with respect to the appeal covering Section 254, impaired driving, v/here this is a first offence I am inclined to think on the circumstances of this particular case that a fine of three hundred and fifty dollars v;as a little bit high. I aja not saying that three hundred and fifty dollars shouldn't be applied as a fine in some cases v;here the facts are rather heinous, but with the evidence
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before me, I cainict see anything out of the ordinary in thi.3 case that would justify a high penalty. The section does px̂ ovide a minimum penalty of fifty dollars and a maximum of five hundred, so under the circumstances I think I should allow the appeal to the extent of reducing this fine to two hundred and fifty dollars, the costs of three dollars and fifty cents will remain, and the default period of fourteen days will remain, with sixty days to pay» so to that extent the appeal is allowed, and you will receive a reduction of one hundred dollars if you have already paid the fine. There vvill be no costs of the appeal. The second appeal, the one pei'taining to attending, I can see nothing that would justify my interfering with the local court, so the appeal is dismissed i;ith no costs of appeal. All right, that's all I think on this one. Mr. Jones, you will recall v/hat the Crown Prosecutor pointed out, that Section 2^^ I is a pretty tough section, because if you ^