Conviction appeal on impaired driving charge. Accused blew 170 mg%, and was then held in custody for 9 hours prior to his release by the next shift of officers. Trial judge found a breach of s. 9, however, rather than granting a stay, the judge reduced the sentence that he would have otherwise imposed.
Held: Appeal dismissed.
Trial judge’s decision was reasonable. A stay is a remedy of last resort: Weaver, 2005 ABCA 105. As per Regan [2002] 1 SCR 297, the decision not to grant a stay is only reviewable if “the trial judge misdirects himself or if his decision is so clearly wrong as to amount to an injustice.” A reduction in sentence was a remedy open to the trial judge.
A. Hepner – Defence Counsel