R v. Chatters

In the matter of R v Chatters, the respondent was convicted on his plea of guilty of one count of unlawful use of a vehicle, one count of dangerous operation of a vehicle, and a summary offence of obstructing police. The respondent committed the offences while serving a partially suspended sentence for a serious robbery offence. The court sentenced the respondent to 18 months imprisonment for each of the indictable offences, and six months imprisonment for the summary offence. These sentences were to be served concurrently with each other but cumulatively upon the remaining term of three years of the partially suspended sentence which the sentencing judge activated. The respondent committed the offences on the day he was released from prison, and he was a chronic alcoholic with a history of 65 separate terms of imprisonment and 36 convictions involving a motor vehicle. The respondent appealed against the sentence, arguing that it was manifestly excessive. The court considered the appeal and concluded that the sentence imposed was not manifestly excessive. The court noted that the respondent's criminal history and the circumstances of the offence warranted a significant penalty, and the sentence imposed was appropriate in the circumstances. The court also noted that the respondent's alcoholism and other personal circumstances did not warrant a reduction in sentence. The application for leave to appeal against the sentence was therefore refused.