The Crown is seeking 23 years in prison for Brady Robertson

Brady Robertson pleaded guilty in July 2021 to four counts of dangerous driving causing death, but he pleaded not innocent to four other counts of driving disability causing death.

His defense also filed a constitutional complaint about these latest charges, saying cannabis consumption was not related to his driving behavior.

By losing his appeal earlier this month, Robertson was automatically convicted in all four cases, as the Criminal Code prohibits driving while disabled to any level of drugs, alcohol, or a combination of the two.

However, the trial showed that the 22-year-old had cannabis levels in the blood that were eight times higher than the legal limit at the time of the collision with the victims ’vehicle.

The Crown prosecutor also cited on Monday recent changes made in October 2017 to the Code on the severity of penalties for dangerous driving and under the influence to seek an exemplary penalty against Robertson.

The Court of Justice must respect the decision of the legislatorexplanation by Mr. Patrick Quilty, recalling that the enactment of sanctions now makes it possible to better highlight the purposes of denunciation and detention.

Prosecutors say Robertson should face a heavier sentence than Marco Muzzo, who was sentenced to 10 years in prison for the murder of a grandfather and three grandchildren in the York Region in September 2015.

Marco Muzzo is likely to face a harsh sentence but the Criminal Code was not changed until two years later.he said.

Aggravating factors

Me Quilty promotes several aggravating factors in this case. He recalled that the individual fled the police to avoid a police check prior to the accident on June 18, 2020, that he was driving too fast and recklessly and that his vehicle was not in good condition.

He has only pleaded guilty to half of the charges and he has not yet been fully responsible for his crime.he continued.

The prosecutor even noted the offensive statements of Ciasullo family members in court about the impact of the fatal accident on their lives.

The death of a mother and all her children has a huge impact on their family, but also the communityadded Me Quilty.

The Crown points out that Robertson already has a criminal record for misdemeanors, which however has nothing to do with driving. However, he said he had a driving record. nakakalungkot.

Brady Robertson was a dangerous driver and he had broken the law two days before the accidenthe says, worrying his rate of tetrahydrocannabinolTHC in the blood.

Two years after his license was suspended, he didn’t have that car, the vehicle was not insured and the license plate was incorrect.emphasizes the prosecutor who added that the parallel to Marco Muzzo is therefore very different.

The prosecutor also requests that he not be released on parole for 10 years, but he agrees to grant him a pardon of nearly 3 years for the time he spent in preventive detention while awaiting his case in court.

The position of defense

Brady Robertson’s defense argues to the contrary that the Crown’s request is inappropriate and unreasonable because it is not based on any case law, even if the law has been changed.

There is no need to impose such severe punishment on my client to expose his crime and deter anyone from committing the same crime.said attorney Craig Bottomley.

Me Bottomley also refers to the sentence imposed on Marco Muzzo, stating however that he had committed worst crimebecause it killed four passengers and seriously injured two others.

The lawyer added that his client had a chaotic, sad childhood marked by mental health issues.

According to the Gladue report, Brady Robertson was abandoned at the age of 6 months by his mother, then at the age of 9 by his alcoholic father, so he did not know his native origins. He was deprived of his culturehe said.

He cited in part the report submitted to the judge for judgment. The document shows that Brady Robertson was physically and sexually abused when he was young.

Mr. Bottomley noted that his client began taking drugs in Alberta at age 11 before leaving school after three years to live in British Columbia.

The defense is therefore seeking a seven -year sentence of imprisonment and suspension of his driver’s license for 10 years. He also asked the judge to consider his conditions of preventive detention.

My client has spent ten months in solitary confinement in Maplehurst Jail since the pandemic began without receiving all the medical attention he needs since being discharged from the hospital.he pointed out.

Me Bottomly concludes that his client’s social reunification is possible without extrapolating to such an argument.

He just remembered that his client was young and remorse was consuming him. He told me that he did not lose his life after the accident because he wanted the families of his victims to get justice.he concludes.

Driver’s excuse

Robertson spoke in court before adjourning the hearing, first calling his actions selfish, unworthy, irresponsible and thoughtless. I must have died in their place in this accidenthe says.

He denies the claims of those who repeat to him that fate is in question. I am the only one responsible for this situation, I caused the accident and I can never forgive myself for it.he continued.

He added that he would be too angry if he was in the condition of the relatives of the four victims. I deeply regret what I did and I know my apology will never revive them.he says.

I was so oppressed and I had to live with this sense of guilt for the rest of my life.he said.

He spoke to the victims’ mother. Karolina, I am so sorry to take your life and the lives of your children, I am not worthy to live in your place.he said, catching his breath.

He also has a few words for Mrs.’s husband. Ciasullo and the father of three victims were present in the courtroom for this hearing in hybrid virtual and face-to-face format. I apologize to you and your family and the students of Karolinahe pointed out.

I have long wanted to take my own life, but now I want to pay my dues for my crimehe concludes.

In his right to respond, prosecutor Quilty reminded the judge that parliament would decide on the penalties to be imposed on traffic violators under the law and that the legislature would not amend the Criminal Code if it did not think the sentences were too much. loose.

The verdict will be handed down on May 16.