Cape Breton Post

Hearing date assigned in drinking-and-driving case

Judge already rejected joint sentencing recommenda­tion

- BY CAPE BRETON POST STAFF SYDNEY

A provincial court judge who has already rejected a sentencing recommenda­tion on a drinking-and-driving charge will again hear arguments in the case April 20.

Earlier this month, Judge Alain Bégin rejected a sentencing recommenda­tion of two years probation and one day in jail served by 30-year-old Gordon Louis MacDonald’s appearance in court. A two-year driving ban was imposed in December when the Sydney man pleaded guilty to driving with a blood-alcohol level exceeding the legal limit. He was charged in April 2016.

Bégin called the recommenda­tion a farce and suggested that despite MacDonald’s claim to the contrary, he has a definite problem with alcohol.

Prosecutor Steve Melnick and defence lawyer Christa Thompson were again before Bégin on Monday requesting an adjournmen­t to prepare further arguments.

Both lawyers said they needed a copy of the transcript from the previous hearing and Thompson said she was unable to offer a quick turnaround to return to court given her heavy caseload with Nova Scotia Legal Aid.

In suggesting cases the lawyers may want to review, Bégin noted a case from the Nova Scotia Court of Appeal and one from the Manitoba appeal court.

Just what position the Crown and defence will take in returning to court is unknown at this point.

Bégin offered the accused the opportunit­y to withdrawn his guilty plea and proceed to trial with a new judge.

He also said he would hear further submission­s from the Crown and defence on why he should accept the recommenda­tion.

The judge said the recommenda­tion was not appropriat­e or legal.

He said the offence was MacDonald’s second in nine years and that the accused was in denial that alcohol was not a problem in his life.

The judge also expressed concern over the absence of an increased fine. First conviction­s on such charges begin with a minimum fine of $1,000.

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