Database For Canadian Criminal Law
|Add a new case |
List of Issues
Search for a Case by Name, Cite, Issue, Facts and Reasons
Find A Case That Starts
Title: R. v. A.J.
Cite:  O.J. No. 4999
Court: ON CJ
Justices: Wolder J.
Result: mandatory minimum shall not apply
Issue: Sentence - Impaired Minimum Penalty
Charges: Refusal to Provide Breathalyzer Sample
The accused had been convicted of operating a motor vehicle while having more than 80 milligrams of alcohol in 100 milligrams of blood six weeks before being charged with refusal to provide a breath sample. A CPIC check revealed, to the police, that the accused had been convicted of a previous offence. Edit
As was found in R. v. Middlebrook,  O.J. No. 666, ss. 255(1) of the Criminal Code violates section 12 of the Charter. As there is no minimum mandatory jail sentence for second time offenders who cause bodily harm, the minimum mandatory jail sentence for simple refusal poses a grossly disproportionate punishment. Edit
Click this link to Add Your Comments about: R. v. A.J.
Click here to Add a Hyperlink re R. v. A.J.