SENTENCING - RELEASE PENDING APPEAL

Mr. Joe pleaded guilty to one count of refusal, one count of breach of undertaking and was convicted after trial for one count of care or control while exceeding .08. He had 12 prior related convictions and 4 prior drive while disqualified convictions. He was sentenced to a global sentence of 43 months imprisonment. He then appealed his conviction and sentence. He was released on bail pending the hearings of those appeals:
Ultimately, the best manner for the public to be protected is if the Appellant is able to take control over his drinking and begin to address the many issues that he has in his life. He has demonstrated an ability to not drink for extended periods of time in the past, which establishes that he is capable of doing this. I am satisfied that it remains possible to release the Appellant on terms that will ensure that the public is protected and the confidence of the public in the administration of justice is maintained. But the release terms have to be stringent and structured. R. v. Joe, 2017 YKCA 1