Jul 05
Cobourg DUI Lawyers
An experienced lawyer can review your case, discuss potential defences, and advise you of the consequences of a guilty plea. Before entering a guilty plea, it is important to know all the facts and consequences since a guilty plea is rarely rescinded.
Impaired driving charges can carry serious consequences, so it is important to make sure you receive the best legal representation possible. If you have been charged with impaired driving, contact a criminal lawyer right away. They can advise you on your options and help you build the strongest defence possible. Contact the Cobourg Impaired Driving Lawyers at Lockyer Zaduk Zeeh at 416-613-0416 to schedule a consultation.
- v. Basque – The Supreme Court of Canada
In R. v. Basque, the Supreme Court rules that an offender who was prohibited from driving for 21 months while waiting to be sentenced had already served the mandatory minimum punishment.
Writing for a unanimous Court, Justice Kasirer stated that granting credit based is perfectly consistent with the application of ss. 259(1)(a) and 719(1) of the Criminal Code. He explained that this coexistence rests on the well‑known distinction between the concepts of “punishment”, which refers to the total punishment imposed on an offender, and “sentence”, which refers to the decision rendered by the court, and which commences the day it is handed down by that court.
The Court found that the sentencing judge was therefore correct in granting credit for the pre‑sentence prohibition. According to Justice Kasirer, the judge could have imposed the one‑year mandatory minimum driving prohibition on Ms. Basque, stated that a sentence commences when it is imposed, and then granted credit for the pre‑sentence prohibition period she had already served. In her case, because that period exceeded the one‑year minimum, the objectives of the minimum punishment were already met, and even surpassed.
What does this Mean for Me?
If you are subject to a bail condition which restricts your driving, you may (should) received credit for time spent on bail. This may also have application on other aspects of sentencing such as weapons prohibitions, or other conditions imposed.
