Supreme Court

Decision Information

R v Taureau

Court Supreme Court
Date 1997-02-13
File numbers CR 03365
Judge(s) Schuler
Location Fort Good Hope
Cases and statutes considered Statutes considered:
Criminal Code, RSC 1985, c. C-46, s. 253(a)(b), s. 732(1), s. 732.1(2)
Decision information:

Summary: Accused pleaded guilty to both impaired driving and over .08 mg/ml alcohol in blood before Justice of the Peace in Fort Good Hope. Both charges arose from same event. Justice convicted on both, gave 60 days intermittent sentence, and time to appeal is past. Crown requests extension of time to appeal, that conviction for s 253(b) be quashed and judicial stay entered, and appropriate probation accompany the intermittent sentence. Court found accused received notice of appeal and took no issue with relief requested. Court granted relief requested which was what was necessary to comply with the law.
Decision: Appeal allowed. Conviction under s 253(b) C.C. quashed and charge stayed. Probation with minimum mandatory conditions under s 732.1(2) C.C. to accompany intermittent sentence.
Subjects: Criminal law - Motor vehicle offences - Impaired driving
Criminal law - Appeals - Procedure - Time for appeal - Extension of time

Decision Content

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.