TRURO - In a rare move, a provincial court judge has rejected a joint sentence recommendation and, instead, sent a man to jail for 45 days for drunk driving.
"His pre-sentence report, in the court's estimation, is one that presents considerable concern to the protection and safety of the public," said Judge Del Atwood, during sentencing of Raymond Joseph Saulnier, who had earlier pleaded guilty to failing the breathalyser with a reading of .20.
The joint recommendation from the Crown and defence attorneys had called for a fine and two years probation for Saulnier, 54, of 160 Penny Mountain Rd., North River.
But given his record of three previous convictions for drinking and driving (dating to 1988) and another for driving while disqualified, Atwood requested time to review Saulnier's case when he first appeared for sentencing on Dec. 2.
Atwood seemed especially concerned over the fact that Saulnier appears not to be taking responsibility for his actions, despite acknowledging to a probation officer that he had spent four or five hours drinking in a local bar on the day in question and was "highly intoxicated" when he left in his vehicle.
"Although he acknowledged it was his choice to get into the vehicle - quoting, 'because I didn't think I would get caught,' unquote - he was of the opinion that the establishment should have done more to stop him from drinking," Atwood said. "That leads the court to the conclusion that the degree of accountability that Mr. Saulnier is prepared to assume is minimal. He will rely
on others to intervene to stop him. That provides the court with very little assurance that allowing Mr. Saulnier to leave here today will provide the public with any degree of protection from him getting into a vehicle, consuming alcohol to the point that he is over double the allowable limit, and attempting to operate a motor vehicle in a highly alcoholic condition."
Impaired drivers kill about 22 Nova Scotians each year and is considered the leading cause of criminal death in Canada.
Referring to various decisions from higher courts in Nova Scotia and Ontario, Atwood suggested that neither probation nor even house arrest would be in the public's best interest for someone with drinking and gambling problems and who associates with others who have addictive personalities, while also being unwilling to accept responsibility for his actions.
Quoting from a decision by Justice Bateman of the Nova Scotia Court of Appeal, Atwood said: "...the sentence for these crimes must bring home to other like-minded persons that drinking and driving offences will not be tolerated ...."
And while joint sentence submissions arising from a negotiated guilty plea "'are generally respected by the sentencing judge,'" he said, continuing to quote Bateman, "'ultimately, however, the judge is the guardian of the public interest and must preserve the reputation of the administration of justice, where the agreed resolution is contrary to the public interest and would bring the administration of justice into disrepute. Whereas otherwise unreasonable, the judge retains the discretion to reject the joint submission."
In addition to his jail time, Saulnier was placed on one year of probation and ordered to successfully take counselling for alcohol abuse. While on probation, he must not possess alcohol in a public place, must remain away from drinking establishments or other areas where alcohol is sold and, if he does drink, must do so in a private residence.
Atwood had also earlier revoked Saulnier's driving privileges for two years.
hsullivan@trurodaily.com
Joint recommendation ignored by judge as he sends man to jail
Joint recommendation ignored by judge as he sends man to jail
- Published on December 16th, 2009
- Published on Febuary 25th, 2010
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Staff ~ The Truro Daily News
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Comments
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- Larry
- - March 1st, 2010 at 14:40:11
Looks like there is a new common sense judge in town. A few decisions like this will be a breath of fresh air. Hopefully he won't bend to the bleeding hearts that are so worried about the criminal's rights .
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- Gilliad
- - March 1st, 2010 at 14:40:08
Wow, a judge with cojones!
Congratulations, sir, for taking a dangerous potential murderer off the streets, at least for a little while. We need more of this kind of decision-making at all levels, and you have set an exemplary example.
Now the question: is the rest of the legal community listening? -
- Peter
- - March 1st, 2010 at 14:40:05
Bravo Dad!
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- finally
- - March 1st, 2010 at 14:39:59
It's about time!!!
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- flogger
- - March 1st, 2010 at 14:39:56
Now, if we could just get the Federal Conservative's new anti-crime legislation through the Liberal dominated Senate in Ottawa and also get some new judges appointed who will enforce the new anti-crime legislation, maybe we can have some REAL CHANGE on the national level too -- not just provincially. If you're serious about your comments here on this blog, speak up and tell your local MLA and MP how you feel.
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- jack
- - March 1st, 2010 at 14:39:55
Well, it's about time we had a judge with some cajones.
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- Drummer
- - March 1st, 2010 at 14:39:53
thumbs up to the new judge, can't wait to see how he deals with the drug dealers that come before him, about time we have a judge with a backbone, cheers...
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- Robert
- - March 1st, 2010 at 14:39:51
Way to go Judge Atwood! It's time some of these habitual drunks got the message. Anyone can make a mistake/bad judgement, but repeat offenders should all be locked up.
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- No Mr Right
- - March 1st, 2010 at 14:39:51
Reading online this am I must send Kudos to the judge, Thanks for trying to keep our roads safer .
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- Rob
- - March 1st, 2010 at 14:39:50
My hat is off to Judge Atwood. Bravo. It is so refreshing if not relieving to see the Justice system actually dispense some justice for a change. While I echo some sentiments that even this sentence is a tad light given the record of offenses and apparent failure to accept any responsibility, it is certainly a step in the right direction. I commend Mr. Atwood for have the tenacity to go beyond the joint recommendation and taking steps in the direction our system has to go. We need more 'bite' in the punishments to serve as a deterrent to such behavior, rather than as a reactive measure. For that he has my utmost respect. We need more like him behind the bench.
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- chief wiggam
- - March 1st, 2010 at 14:39:50
lets see how you cheer when he tosses a woman in jail
fill the jails up! thank goodness we are getting a new jail so our tax money can go to keeping their arses warm and their bellies full. -
- Gerald
- - March 1st, 2010 at 14:39:49
FINALLY!!!! A judge who is willing to DO something constructive and keep this man off the streets. Sounds to me like Mr Saulnier might as well walk around town with a LOADED RIFLE taking pot shots at people. My wish would be that he is made clean town streets, public toilets, while wearing a brightly colored shirt that says I DRIVE DRUNK!!! Maybe some others might think twice before they end up like him!!
Thank you Judge Atwood...we need more like you!!! -
- Kate
- - March 1st, 2010 at 14:39:48
Good for the judge! It is about time the law starts cracking down on these drunk drivers. How many innocent lives have to be lost before it is taken seriously??? This is Saulnier's 3rd conviction...his license should be revoked for life. As the judge says, he doesn't take responsibility for his actions. I know he will still drive anyway but the law needs to start making stiffer sentences for these careless and heartless criminals.
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- T
- - March 1st, 2010 at 14:39:47
3 prior convictions, and for the 4th a lousey 45 days and 1 year propation??? This man is going to kill someone. I thought there was a Zero tolerence for drinking and driving? An admitted repeat offender who quotes i didnt think i'd get caught ...i hope when this man finishes his weak 45 days behind bars he doesnt head to a bar and drink and kill a family member of our honorable judge or anyone elses
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- Concerned
- - March 1st, 2010 at 14:39:46
Judge Atwood hats off to you. This should have been done years ago. Being caught impaired once, is once to many. To many times this has been taken to lightly. Thanks so much for taking this seriously.
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- Allan
- - March 1st, 2010 at 14:39:45
Taking responsibility for their position is something is expected of people in authority, but so often is abrogated. Judge Atwood has assumed the bench in Truro; it is his responsibility to protect the public by deterring people from continuing their wrongful ways and to deter other people emulating those wrong ways. I laud him for seeking advice, but making his own decisions. His position is proactive. Looking at page 9 in the Dec 16th issue the results of judges being too lenient are very evident in the case of the young man who ran amok with stolen vehicles. Proaction by judges and the meting out of true consequences for not being responsible to society has been lacking in our judicial system for too long a time. Welcome Judge Atwood.
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- flogger
- - March 1st, 2010 at 14:39:39
Hmmm, has common sense and a sense reality finally taken hold on The Bench? He must be one of those non-Liberal appointees who cares about the public interest and victim's rights, not the criminal's rights first and foremost.
And to you detractors, just think how you'd feel if Saulnier ran over one of your children .... -
- Rynn
- - March 1st, 2010 at 14:39:36
Good job! I have been reading this newly appointed Judges' decisions on various cases. I want to first congratulate you and second commend you on making your own decisions and not just accepting the recommendations that are handed to you.
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- Tasman
- - March 1st, 2010 at 14:39:35
There is absolutely no excuse for drinking and driving with all that is available for other means of transportation. There are taxi's and also the volunteer program for designated drivers is available this time of year. We are adults and should accept responsibility for our own actions. That's one down and many to go. There are unfortunately a lot worse people than this guy out there and you know who you are. Mr. Naugle. Let's get them off the streets and keep them off before they kill someone.
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- Elizabeth
- - March 1st, 2010 at 14:39:35
Thank you very much Judge Atwood, you have very likely saved lives because of your decision. The total arrogance of those who drink and drive makes me so angry! 45 days does not seem long enough, the sentence should be longer! I am apalled that the Crown even recommended a fine, and house arrest! When will we all wake up and see that the sentences for those who drive while impaired, and those who kill while drinking and driving have to increase! When indeed! CALL A CAB!!!!!
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- Sam
- - March 1st, 2010 at 14:39:34
Now this is the kind of story that's great to see. I think it's great that Justice stood his ground and trumped the deal the Crown and the Defence made. Hope this continues!
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- Jeff
- - March 1st, 2010 at 14:39:29
This guy should have his license taken away for at least 5 years! There is no excuse for drinking and driving, especially repeat offenders! He probably did this most weekends, but was only caught 3 times. People like this are scary. You don't know when a car coming toward you is going to swerve into you lane and hit you head on. Many innocent lives taken but idiots like this guy!
