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Criminal law — Sentencing — Mandatory minimums

(0:00:14) I. Overview – 1
(0:09:04) II. Facts – 14
(0:10:57) III. Judicial History – 19
(0:11:00) A. New Brunswick Provincial Court (McCarroll Prov. Ct. J) – 19
(0:12:33) B. New Brunswick Court of Queen’s Bench – 21
(0:13:50) C. New Brunswick Court of Appeal – 23
(0:18:12) IV. Issue – 29
(0:18:33) V. Analysis – 30
(0:18:35) A. Key Statutory Provisions – 30
(0:22:37) B. Grounds of Appeal – 34
(0:26:04) C. Analytical Framework: Coexistence of the Common Law and Legislation in Matters of Sentencing – 39
(0:30:52) (1) The Common Law Allows Credit To Be Granted for a Pre‑sentence Driving Prohibition – 46
(0:35:27) (2) Section 259(1)(a) Cr. C. Does Not Limit the Scope of the Common Law Rule That Allows Credit To Be Granted for a Pre‑sentence Driving Prohibition – 52
(0:36:23) (a) Distinction Between the Concepts of Punishment and Sentence – 54
(0:44:42) (b) Section 259(1)(a) Provides for a Minimum Punishment, Not a Minimum Sentence – 63
(0:52:46) (c) Section 259(1)(a) Does Not Limit the Common Law Rule That Allows Credit To Be Granted for a Pre‑Sentence Driving Prohibition – 74
(0:54:39) D. Court of Appeal’s Stay of Execution of the Sentence – 77
(0:55:53) VI. Disposition – 78