Supreme Court

R. v.  Mercredi, 2005 NWTSC 73
 Date: 20050811
  Docket: S-1-CR-2005000031

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:

HER MAJESTY THE

- and -


PETER LAWRENCE MERCREDI

Transcript of the Reasons for Sentence delivered by The Honourable Justice J.E. Richard, sitting in Yellowknife, in the Northwest Territories, on the 11th day of August, A.D. 2005.

APPEARANCES:
Ms. L. Colton: Counsel for the Crown
Mr. G. Boyd: Counsel for the Accused

(Charges under c. 253(a) and 254(5) Criminal Code of Canada)

THE COURT: Mr. Mercredi has pleaded guilty thirteen months after the fact. I'm  sorry. That's not thirteen months. That's nine months after the fact to a charge of impaired care and control contrary to Section 253(a) of the Criminal Code.
   He has an egregious criminal record in particular for drinking and driving of fences and  also for driving while disqualified. In the ten years leading up to 1994, he was convicted on at least six or seven separate occasions for impaired driving or over 80 or breathalyzer refusal. Then there is a ten-year gap until last November when Mr. Mercredi started drinking again. He was seen driving his vehicle and was seen colliding with two other vehicles. He was found by the police in care and control of his vehicle and passed out in an intoxicated condition.
   The minimum sentence for this offence is three months' imprisonment, and the maximum sentence is five years' imprisonment.
   As egregious as his record is, we must accept that he has already served his sentences  for those offences and those matters are behind him. We must also acknowledge that he has a clean record for the past ten years, which is one
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half of his adult life. Indeed, it is the most recent half of his adult life
  It appears that he slipped in a major way with respect of his alcohol addiction one year ago, and he must now pay a serious price for the consequences; but I remind myself that it is only this offence that I can sentence him for today.  Because of the danger to society if he slips again, he must be removed from society for a period of time and the Court must also do what it can to keep him off the public highways for a substantial period of time.
     Please stand, Mr. Mercredi.
     The Court imposes a sentence of twelve months' imprisonment. In addition, there will be a five-year driving prohibition under Section 259 of the Criminal Code. In addition, there will be a victim fine surcharge of $100. Time to pay in accordance with the statutory provisions. You can sit.
     Anything further on this case, Counsel?
MS. COLTON: No, Your Honour. Thank you.
MR. BOYD: Nothing further.
THE COURT: Fine. We'll close court.


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Certified Pursuant to Rule 723 of the Rules of Court
Jane Romanowich, CSR(A), RPR
Court Reporter


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