Failure or refusal to provide a sample after an accident resulting in bodily harm

R. v. Robinson

Crown asked9 months conditional sentence1

Judge imposedSix-month conditional sentence order, then 12 months' probation; two-year driving prohibition1

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

Maximum14 years

Crown asked9 months conditional sentence

Judge imposed6 months conditional sentence

Defence askedFine

For failure or refusal to provide a sample after an accident resulting in bodily harm (CC 320.15(2)), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 4% of the maximum. Read the section.

Nathan Robinson was convicted after trial of refusing to provide a breath sample while knowing he had been in an accident that caused bodily harm to his passenger, after his car flipped over on Waverley Road in July 2019; he was acquitted of impaired operation causing bodily harm. The Crown sought a nine-month conditional sentence order and the defence a $2,000 fine with probation. Judge Whalen imposed a six-month conditional sentence order followed by 12 months' probation and a two-year driving prohibition, finding that a non-custodial disposition would not meet the objectives of general deterrence and denunciation.

In the judge's words

Given all the circumstances in this case, a conditional sentence order with punitive conditions adequately addresses the objectives of denunciation and general deterrence.

The record

Convicted of: Failure or refusal to provide a sample after an accident resulting in bodily harm (CC 320.15(2))
Prior convictions: 0 prior convictions1
At the time of the offence: Not stated1
Defence asked for: Fine1
Appeal: Not yet checked
Counsel: Crown: Michelle MacDonald
Defence: Stanley MacDonald

Sources

R. v. Robinson, 2021 NSPC 29 Court decision, CanLII, May 27, 2021[33] The Crown is seeking a nine-month Conditional Sentence Order pursuant to section 742.1 because the defendant is young, he has no record, the victim is a friend and the type of injuries.[16] … Defence counsel seeks a fine of $2,000.00, and one- year probation, and agrees with a two-year driving prohibition.[2] I found Mr. Robinson not guilty of count 1 and guilty of count 2 after trial.[42] Mr. Robinson has no previous convictions and the Crown proceed by summary conviction[53] Given all the circumstances in this case, a conditional sentence order with punitive conditions adequately addresses the objectives of denunciation and general deterrence.[54] The final disposition is a six-month conditional sentence order with conditions: … [55] This is to be followed by 12 months of probation with conditions including no alcohol. [56] There will be a two-year driving prohibition and the victim fine surcharge is due within one year.
R. v. Robinson, 2021 NSPC 29 Court decision, Courts of Nova Scotia

Sentence and the Crown's position

What the law allows

In the judge's words

The record

More cases by The Honourable Judge Jean M. Whalen

More from the Provincial Court of Nova Scotia

Sources