Her Majesty the Queen v. Alphide Manning (December 5, 2012)
Case # 34358
This appeal concerns the forfeiture of offence related property.
The respondent pleaded guilty to two counts of operating a motor vehicle with a blood alcohol level over the legal limit.
The respondent had similar prior convictions from 1989,1982 and 1975.
He was sentenced to imprisonment for twelve months on the first count and five months on the second count.
He was also prohibited from driving for five years following the end of his period of imprisonment.
The Crown applied for forfeiture of the vehicle driven by the respondent at the time of the offence.
The reason given for the forfeiture was that the vehicle was offence related property within the meaning of the Criminal Code.
The Court of Quebec dismissed the Crown’s motion, noting that Manning was unemployed and the vehicle was his only property.
In question are the factors a court can consider in deciding not to order the forfeiture of offence-related property.