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Crown appeal allowed and 30-day jail sentence imposed; Crown's decision to file Notice of Increased Penalty was not an abuse of process.
The Crown appealed a sentence for impaired driving, arguing the trial judge erred by refusing to allow the Crown to file a Notice of Increased Penalty and by demonstrating a reasonable apprehension of bias.
The accused cross-appealed the trial judge's refusal to award costs against the Crown.
The Summary Conviction Appeal Court found no reasonable apprehension of bias but held that the trial judge erred in reviewing the Crown's decision to file the Notice on a reasonableness standard.
Applying the correct standard, the court found the Crown's decision was not arbitrary or an abuse of process, given the aggravating factors including a prior conviction, high blood alcohol readings, and the late guilty plea.
The Crown's sentence appeal was allowed, a 30-day intermittent jail sentence was imposed, and the accused's costs appeal was dismissed.
