Criminal Law Notebook

Operation While Prohibited (Sentencing Cases)

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Offence Words

Operation while prohibited

320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so

(a) by an order made under this Act; or
(b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730 [order of discharge].
Exception

(2) No person commits an offence under subsection (1) [operation while prohibited] arising out of the operation of a motor vehicle if they are registered in an alcohol ignition interlock device program established under the law of the province in which they reside and they comply with the conditions of the program.

2018, c. 21, s. 15.
[annotation(s) added]

– CCC (CanLII), (DOJ)

Note up: 320.18(1) and (2)

320.19
[omitted (1), (2), (3) and (4)]

Punishment — dangerous operation and other offences

(5) Everyone who commits an offence under subsection 320.13(1) [dangerous operation] or 320.16(1) [failure to stop after accident], section 320.17 [flight from peace officer] or subsection 320.18(1) [operation while prohibited[1]] is liable

(a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
(b) on summary conviction, to imprisonment for a term of not more than two years less a day.

2018, c. 21, s. 15.
[annotation(s) added]


Driving While Prohibited

Case Name Prv. Crt. Sentence Summary
R v Monykal, 2009 ABPC 220 (CanLII), per Sully J AB   PC Office did not have sufficient grounds to make the demand. Driver was driving slowly at 2am. Claimed to be lost. Admitted to drinking two glasses of wine sometime in the evening. Officer should have narrowed the time period.
Find summaries of case.
Keywords: None
R v Virani, 2012 ABCA 155 (CanLII), per curiam AB   CA 12 months imprisonment
Find summaries of case.
Keywords: None
R v Quewezance, 2011 SKCA 123 (CanLII), per Ottenbreit JA SK   CA 9 months imprisonment very long record, 5 prior offences
Find summaries of case.
Keywords: None
R v Marroquin, 2012 ABCA 28 (CanLII), per Berger JA AB   CA 12 months imprisonment long record with 7 MV related convictions
Find summaries of case.
Keywords: None

See Also

  1. ↑ Found elsewhere in this same page.
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