Hearing date assigned in drinking-and-driving case
Judge already rejected joint sentencing recommendation
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Bégin offered the accused the opportunity to withdrawn his guilty plea and proceed to trial with a new judge.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.