The Saanich police received a 911 call from a local citizen who had passed the accident scene. When the constables arrived they were led down the embankment by the lights on the flipped over vehicle. While the police were at the vehicle, the ambulance and fire department arrived, rushing to the car. They immediately tended to the passengers. Upon entering the passenger side of the vehicle, the paramedics determined that Curtis had died from the impact of the crash and the severity of his injuries. A later autopsy report supported this conclusion.

At the time of the incident, depending on the severity of the injuries sustained in the accident, the police will determine the grounds for placing the suspect under investigation. Samuel

Under section 255 (3) in the Canadian Criminal Code, the accused incarceration term cannot exceed 14 years. Samuel will be charged with Impaired Driving Causing Death and a blood alcohol level of over 80 mgs per 100 mls of blood. After the judge has taken into consideration the offender's plea, all the evidence presented and prior precedents, he or she will reach a decision for the sentencing of the accused. Also taken into consideration by the sentencing judge, will be the fact that this incident was unintentional, a first offense and that Samuel showed the court tremendous remorse. Samuel G. is sentenced to 5 years incarceration, with eligibility for parole after 2 years. Samuel's driver's license will be suspended for a term of 7 years.

charges. The results of Samuel's blood test showed that his blood alcohol level was 143 mgs per 100 ml of blood. Mr. G would then be informed that he would be charged with impaired driving causing death with a blood alcohol level over 80 mgs and placed under arrest (Government of Canada, 2000). Samuel G sustained a broken rib and two broken legs but remained conscious and aware of the circumstances. He was then informed of his rights upon arrest, which are, according to Section 10a and 10b of the Charter of Rights and Freedoms:

In Samuel G's case, the police legally obtained a blood alcohol sample that was well over the legal limit of 80 mgs. His blood sample contained 143 mgs per 100 mls of blood, meaning he was impaired. Because this test was obtained legally, the police have strong evidence to present in court. If this test had not been obtained legally, Mr. G would automatically plea not guilty, since the evidence against him would be non admissible in court due to an infringement of rights under section 24 (2) of the Charter of Rights and Freedoms (Government of Canada, 2000). Samuel has chosen to plea not guilty, therefore, the Judge has assigned a trial date and Samuel now has the choice of either a trial by a Supreme Court judge or by judge and jury.

Impaired Driving causing death- everyone who commits an offense under paragraph 253 (a) and thereby causes the death of any other person is guilty of an indictable offense and liable to imprisonment for a term not exceeding fourteen years.

b) Offenses that may only be tried by a Provincial Court judge which consist of theft, and possession of stolen goods and,

Samuel's offense would fall under the third category, which enables him to choose his preferred method of trial, either by a Supreme Court judge and jury, Supreme Court judge alone or a Provincial Court judge. If Samuel failed to choose a method of trial, a Supreme Court Judge and Jury would automatically try his case (Grffiths and Verdun-Jones, 1994). In this case Samuel has decided to proceed with a trial by judge and jury, as he feels it would be in the best interest of his case. Samuel

In this scenario, because Samuel G. was physically impaired at the time, the crime was committed; he was placed under investigation by police and subject to blood alcohol testing. Based on the test results, the police were able to place him under arrest and in their custody because he did not need to be hospitalized for a lengthy period. Samuel G. was forced to appear before a judge within 24 hours and was released on bail until his next court appearance. Samuel chose to plead not guilty and proceeded to request a trial by judge and jury. In a meeting with the crown and defense known as plea-bargaining, Samuel changed his plea to guilty after learning that the Crown may make a lesser sentencing request to the judge. In this case, the judge acknowledged that it was Samuel's first offense and he admitted his guilt, which in turn granted him a lesser sentence. During Samuel's time under supervision, he was very successful in all aspects of the conditions and restriction ad!

Robertson, Michelle. Victoria Police Department (2000) Personal Communication.

Some common words found in the essay are:
Griffiths Verdun-Jones, Due G's, Detention Saanich, Samuel G's, Supreme Court, Causing Death, Temporary Absence, Code Variation, Government Canada, Provincial Court, verdun-jones 1994, griffiths verdun-jones 1994, griffiths verdun-jones, court judge, judge jury, blood alcohol, supreme court, justice peace, trial judge, supreme court judge, criminal code, method trial, charter rights freedoms, provincial court judge, trial judge jury,
Approximate Word count = 3471
Approximate Pages = 14 (250 words per page double spaced)