An Ontario court has rejected the appeals made by driver Brady Robertson, who was seeking to overturn his conviction and sentence following a tragic accident in 2020 that resulted in the deaths of teacher Karolina Ciasullo and her three daughters after he collided with their vehicle while under the influence of cannabis.
The decision was announced by the Court of Appeal for Ontario on Tuesday.
Robertson submitted his appeal in 2022, just months after being convicted and sentenced. His lawyer argued that the trial judge incorrectly maintained the constitutionality of Canada’s law regarding legal THC blood concentration limits for drivers.
The judge determined that Robertson had exceeded the legal limit for THC in his bloodstream on June 18, 2020, when the crash happened in Brampton, Ont.
He received a sentence of 17 years but was credited with nearly three years served, reducing his time to 14 years and two months.
Story continues below
In his appeal, Robertson aimed to have the law concerning THC blood levels declared invalid and to have his impaired driving convictions overturned.
However, in Tuesday’s ruling, Chief Justice of Ontario Michael Tulloch stated he was dismissing the appeal regarding conviction because the THC limit is constitutional. He noted it is neither arbitrary nor excessively broad.
“Against this framework, the appellant has not met the high burden required to establish overbreadth,” wrote the justice.
Robertson pleaded guilty to four counts of dangerous driving causing death related to the June 18 crash but claimed not guilty to four counts of operating while impaired by drugs causing death. His lawyers contested the constitutionality of laws against drug-impaired driving.
![Click to play video: 'Driver who killed mother, 3 daughters in Brampton sentenced to 17 years jail time']()
3:30 Driver who killed mother, 3 daughters in Brampton sentenced to 17 years jail time
He also faced charges related to dangerous driving from an earlier incident two days before on June 16. In that case, he ignored a stop sign and crashed into a barrier. The judge remarked that he was “jolted out of his slumber” due to impact and then fled from police. Fortunately, no one got hurt during this incident; however, Robertson showed no signs of being deterred by prior penalties for reckless driving or learning from this event as a “wake-up call.”
Story continues below
The then-21-year-old also challenged his sentence itself as “unfit and unduly harsh.”
More on Crime More videos
Robertson believed that receiving a 17-year sentence was “disproportionate” when compared with other cases like Marco Muzzo’s ten-year term following an accident where he caused fatalities involving Jennifer Neville-Lake’s three children and father Gary Neville back in 2015.
Tulloch disagreed with this perspective, noting when comparing cases they “do not establish demonstrable unfitness.”
“As the trial judge reasonably concluded, the exceptional combination of aggravating factors in this case justified a sentence exceeding both Muzzo and those summarized in Altiman,” Tulloch explained.
The justice further emphasized how devastatingly harmful results were caused by this crash and highlighted that Ciasullo’s husband Michael still faces “profound” trauma from losing his family.
“The fact that the appellant was being sentenced for two criminal driving events-his pattern of reckless conduct-and how extreme he drove on both occasions warranted a lengthier sentence than those given for similar fatal incidents,” Tulloch stated.
Durning sentencing discussions, prosecutors sought a lengthy prison term of up to twenty-three years along with an indefinite ban on driving for Robertson. On behalf of him however defense attorneys suggested seven years along with ten-year prohibition from driving instead.
This article may be useful if you’re looking at OPP speeding tickets or need help fighting against any kind or degree! If there’s anything else worth mentioning please feel free reach out! © – A division Corus Entertainment Inc.
Source link
Get breaking National news
Get breaking Canada news delivered to your inbox as it happens so you won’t miss a trending story. During trial proceedings, Justice Sandra Caponecchia discovered that Robertson had a THC level of 40 nanograms per milliliter about 45 minutes post-accident – eight times above the legal threshold. The constitutional challenge was dismissed in April 2022, leading up to his guilty verdict.
3:30 Driver who killed mother, 3 daughters in Brampton sentenced to 17 years jail time
He also faced charges related to dangerous driving from an earlier incident two days before on June 16. In that case, he ignored a stop sign and crashed into a barrier. The judge remarked that he was “jolted out of his slumber” due to impact and then fled from police. Fortunately, no one got hurt during this incident; however, Robertson showed no signs of being deterred by prior penalties for reckless driving or learning from this event as a “wake-up call.”
Story continues below
The then-21-year-old also challenged his sentence itself as “unfit and unduly harsh.”
More on Crime More videos
Robertson believed that receiving a 17-year sentence was “disproportionate” when compared with other cases like Marco Muzzo’s ten-year term following an accident where he caused fatalities involving Jennifer Neville-Lake’s three children and father Gary Neville back in 2015.
Tulloch disagreed with this perspective, noting when comparing cases they “do not establish demonstrable unfitness.”
“As the trial judge reasonably concluded, the exceptional combination of aggravating factors in this case justified a sentence exceeding both Muzzo and those summarized in Altiman,” Tulloch explained.
The justice further emphasized how devastatingly harmful results were caused by this crash and highlighted that Ciasullo’s husband Michael still faces “profound” trauma from losing his family.
“The fact that the appellant was being sentenced for two criminal driving events-his pattern of reckless conduct-and how extreme he drove on both occasions warranted a lengthier sentence than those given for similar fatal incidents,” Tulloch stated.
Durning sentencing discussions, prosecutors sought a lengthy prison term of up to twenty-three years along with an indefinite ban on driving for Robertson. On behalf of him however defense attorneys suggested seven years along with ten-year prohibition from driving instead.
This article may be useful if you’re looking at OPP speeding tickets or need help fighting against any kind or degree! If there’s anything else worth mentioning please feel free reach out! © – A division Corus Entertainment Inc.
Source link
