(SHERBROOKE) guilty of dangerous driving causing injury, Janick Brault-Fortier will serve a custodial sentence. The question is whether it will be purged continuously or if the individual of 29 years may serve his sentence on weekends.
The collision between his vehicle Subaru blue and black Toyota of the victim occurred in the road curves 222 in Racine, near Lac Larouche, December 14, 2011 where the speed limit is 90 km / h.
Janick Brault-Fortier tried overtaking a heavy vehicle on the left and causing the collision with Heather Stalker was happening in reverse.
Counsel for the Defence Mr Jean-Guillaume Blanchette considers that a sentence of 90 days jail discontinuous with a significant gift could be imposed, while the criminal attorney Claude Robitaille request the court to impose a sentence of denunciation and deterrence of 9 to 12 months in prison.
A jury convicted the person of 29 years guilty of one charge brought against him in February.
The sentencing submissions were held Tuesday before Judge Martin Office of the Superior Court at the courthouse of Sherbrooke.
Not to mention an exceptional case for dangerous driving, criminal attorney insisted on certain aggravating factors. He recalled the speed of the accused, his maneuvers before the accident and recklessness which has been evidence Janick Brault-Fortier in curves where the accident took place.
“There could have been deaths. We are lucky in a way, but the speed of 80 90 km \ h is huge, “considers Mr. Robitaille.
It also noted the consequences for the victim “who lost many years of his life” with multiple injuries to his collarbone, next, to the wrists and leg, ankle and foot.
Both lawyers agree on remorse Janick Brault-Fortier.
“Here we are not dealing with hardened criminals. These are people who have a reckless behavior where it has ignored security for personal enjoyment. I am convinced that Janick Brault-Fortier declined to such a situation, “said the criminal attorney.
“It is actually a crime where one can see Mr. and Mrs. All-the-world,” added Mr. Blanchette.
Janick Brault-Fortier appealed the guilty verdict against him.
In court, his lawyer stated that the detention should be used as necessary to isolate the offender.
“Before considering deprivation of liberty, the court is obliged to consider other less restrictive options such as batch detention,” said Mr. Blanchette.
The latter recalled that the sentence report is positive, he is a family man, he works, he has a good social network, it has a clean driving record, there no alcohol in the file and that there is no evidence and the speed at which Janick Brault-Fortier was traveling before impact.
“Be careful before qualifying reckless speed (…) The evidence is not so clear regarding delinquent behavior before impact,” said Mr. Blanchette.
The latter insists that intermittent sentence achieves the objectives of denunciation and deterrence.
“A sentence of weekend jail achieves these goals. It must be understood that intermittent sentence is not a sentence sweet. It achieves the penalty objectives of the legislature, “says Jean-Guillaume Blanchette.
He suggested to the court that his client also make a donation of $ 3,000 to community organizations as part of a two-year probation to make amends to the victim and society.
A driving ban for a period of two years proposed by the prosecution, then that Mr. Blanchette asks the court not to impose a driving ban because his work.
“Is that denunciation and deterrence needs to deprive him of his livelihood?” Raises the defense lawyer.