An Edmonton man was put behind bars Thursday for dangerous driving despite nobody involved in the case — including the judge — wanting that to happen.
And that has the man’s defence lawyer criticizing the federal government’s get-tough-on-crime legislation for going overboard and taking away the discretion of judges.
“This is a perfect example of get-tough-on-crime legislation casting the net too wide,” said Michael Sparks.
“We simply do not need to fetter the discretion of judges, who are trained, intelligent judicial officers, and who are outside politics and know how to apply the law,” said Sparks. “We don’t need politicians doing that.”
The defence lawyer was referring to a 2007 amendment to the Criminal Code made by the Stephen Harper government which ended the use of conditional sentences served in the community, including house arrest, for persons convicted of serious personal injury offences.
Court of Queen’s Bench Justice Donna Read told Roxroy St. Michael Johnson Thursday that she would have given him an 18-month conditional sentence on his guilty pleas to three counts of dangerous driving causing bodily harm.
However, the judge said she was prohibited from doing so by the current legislation, which ironically came into effect the day before Johnson committed his offence.
After telling him of her “regret” in having to incarcerate him, Read sentenced Johnson, 51, to six months in jail and banned him from driving for three years.
The judge also urged the lawyers to look further into the law surrounding such cases, saying it is “unfortunate” when mandatory sentences remove judicial discretion.
Johnson was then led away as his wife broke into tears.
According to agreed facts, Johnson’s car struck a tractor-trailer going west on Yellowhead Trail after taking a south-bound merge lane at 61 Street at a “high rate of speed” on Dec. 1, 2007.
Johnson’s car then smashed into a Dodge Caravan, carrying Salvatore and Holly Gennaro and their then-two-year-old daughter, Ireland, resulting in both vehicles being sent spinning, court heard.
The adults both suffered soft-tissue injuries while their daughter was traumatized and required counselling.
Johnson, who suffered head injuries and was taken to hospital, told paramedics at the time that he had been trying to kill himself. He later couldn’t recall saying that and said he had simply thought he could beat the truck.
Court heard Johnson has a lengthy criminal record, however Read accepted the married man with eight children, who was a maintenance worker at a mobile home park and a regular churchgoer, had turned his life around.
Johnson apologized to the victims for his “irresponsible actions” and for “causing them pain” and also told his wife he was sorry for putting her through everything.
Sparks said a sentence appeal is being considered.
Mandatory minimum sentences are so frustrating to me! Judges need to have complete discretion and be able to consider all aggravating and mitigating circumstances and be trusted to come to the right decision. That's why I am a Liberal, because I am completely against the "tough on crime" approach. Sending people to prison does not reduce or deter crime!! It is ineffective, except in the cases of dangerous, repeat or high risk offenders for the purpose that they dont commit any more crimes. With MMS, people like this man, who committed relatively minor offences, may be sentenced too harshly and unnecessarily too long. I agree that he changed his life around and should have been sentenced to 18 months conditional sentence instead of 6 months prison.
No comments:
Post a Comment