Case # 35246
Her Majesty the Queen v. Frederick Anderson (March 19, 2014)
The respondent was convicted of driving while having a blood alcohol content in excess of .08. The Crown gave the respondent Notice of intention to seek a greater punishment by reason of prior similar convictions. The trial judge found the Crown failed to consider the aboriginal status of the respondent or to offer sufficient reasons for greater punishment. The trial judge determined that the mandatory minimum sentence contravened the Charter, and imposed a lesser sentence. A Crown appeal to the Newfoundland and Labrador Court of Appeal was dismissed.