Sentencing decision in brandon pardi case issued june 5, 2012 - China Rechargeable LED Flashlights

You have committed this crime and now youmust face the consequences. [3] Everyone can understand that you only had 12 hours ofexperience as an adult when you took the very wrong decision ofdriving a standard car without having the ability to do so, causingthe death of Bianca Leduc. [4] You found it hard to be judged as an adult instead of asminor, like your friend X. [5] I do understand the suffering of the victim's mother andrelatives.

It is unfair to loose a child under such circumstances,I know they are not asking for revenge but their suffering willlast forever. I also believe that you, your family and relativesare also suffering. [6] The sentence you deserve is based on several principles thatare well-known to both attorneys. [7] I told you the last time you were in front of me that my dutywas not to render a severe or lenient sentence but a sentence fitto who you are and to what you have done.

Exemplarity is notsynonymous of publicity. The sentence does not have to bedifferent because it was largely publicized in the media. Thesentence has nothing to do with the media like the radio,television, newspaper or Web. You don't have to fear having adifferent sentence because of that, this is not exemplarity.

[8] To decide what sentence you deserve, I have to take intoaccount the facts: - you have no previous record; - you come from a good family; - there were no alcohol or drugs involved; [9] This Court has said on a number of occasions that sentencingis an individualized process, in which the trial judge hasconsiderable discretion in imposing a fit sentence. The rationalebehind this approach stems from the principle of proportionality,the fundamental principle of sentencing, which provides that asentence must be proportional to the gravity of the offence and thedegree of responsibility of the offender. Proportionality requiresan examination of the specific circumstances of both the offenderand the offence so that the "punishment fits the crime". As aby-product of such an individualized approach, there will beinevitable variation in sentences imposed for particular crimes. [10] It has been repeatedly stressed that there is no suchthing as a uniform sentence for a particular crime [11] Sentencing is an inherently individualized process,and the search for a single appropriate sentence for a similaroffender and a similar crime will frequently be a fruitlessexercise of academic abstraction.

As well, sentences for aparticular offence should be expected to vary to some degree acrossvarious communities and regions in this country, as the "just andappropriate" mix of accepted sentencing goals will depend on theneeds and current conditions of and in the particular communitywhere the crime occurred. [12] Society is interested in deterrence, exemplarity andalso in rehabilitation. [13] I have the duty to seek every other sentence beforeimprisonment if it is reasonable and also because you have theright, under to the Charter of Rights, to benefit from a lesserpunishment following an amendment to the law. [14] The Crown asked for four (4) years of imprisonment in apenitentiary for your crime.

This does not take into accountsection 11) 1 of the Canadian Charter of Rights which states thatany person charged with an offence has the right, if found guiltyof the offense and if the punishment for the offence has beenvaried between the time of its commission and the time ofsentencing, to the benefit from the lesser punishment. In yourcase, on December 1st, 2007, the conditional sentence ofimprisonment was no longer available under section 742.1 of theCriminal Code. Consequently, it's my duty to ask myself if it is afit sentence in your case. According to the Supreme Court ofCanada in R.

v. Proulx( [1] ): "There is four criteria that a court must consider before decidingto impose a conditional sentence. (1) the offender must beconvicted of an offence that is not punishable by a minimum term ofimprisonment; (2) the court must impose a term of imprisonment ofless than two years; (3) the safety of the community would not beendangered by the offender serving the sentence in the community;and (4) a conditional sentence would be consistent with thefundamental purpose and principles of sentencing set out in section718 to 718.2." [15] In a decision dated June 28, 2010 and rendered by mycolleague, the Honourable H l ne Fabi in Q. v.

Nicolas Brault( [2] ), the facts were very similar. And in reviewing the relevantjurisprudence found in her decision, we can conclude that in lightof all the decisions, particularly those of the Court of Appeal inBlouin( [3] ), Kelly( [4] ), Olivier( [5] ), Par ( [6] ), Scraire( [7] ) and Hakim( [8] ), we are taught that the sentences imposed for dangerous drivingcausing death are of one to three years of incarceration, the"standard" being of two. And as my colleague said, what stems fromstudying all the decisions is that the Courts have alwaysconsidered that the general deterring denunciation factors are veryimportant. Also, to individualize the sentence, the Court must,before thinking of deprivation of liberty, examine the possibilityof less restrictive sanctions when the circumstances and the lawallow it. [16] The presentence report reveals that Brandon Pardi comesfrom a family with conventional values and little misconduct.

Hehas had, generally speaking, relationships with prosocialindividuals. Into sports, he has not had ties with marginal peopleor people who had trouble with the law. He is not known for anyalcohol or drug problem. [17] He took part in meetings with a psychotherapist to helphim find ways to deal with all the emotion he was experiencing.

Heshowed significant suffering as well as painful guilt following theevents. [18] He has no prior convictions and acknowledged havingdriven at high speeds and does not contest being blamed for it. His perceptions, we are told, are filled with more ambiguity withregards to the incriminating nature of the consequences of hisconduct. [19] The accused claims having no desire to cause any harmor the intention of destruction.

We can note, in his discourse andattitude, the weight of the infamous accusation. Social stigma anddisapproval associated with the gravity of the offence are allconsequences he is measuring the scope of. His sadness followingthe victim's death seems also sincere. [20] The risk of reoffending is low.

[21] Mr. Pardi does not have the traits associated withthose of an offender. He is able to learn from his mistakes, isnot indifferent emotionally and not particularly self-centered. Toall this can be added the above-mentioned social abilities such ashaving a social network that promotes good behavior. [22] I strongly believe that Brandon Pardi would notendanger the safety of the community by serving a conditionalsentence of two years less one day in the community, under thefollowing conditions: (a) keep the peace and be of good behavior; (b) appear before the court when required to do so by the court; (c) report to a supervisor within the next three (3) days; (d) thereafter, when required by the supervisor and in the mannerdirected by the supervisor; (e) remain within the jurisdiction of the court unless writtenpermission to go outside that jurisdiction is obtained from thesupervisor; and (f) notify the supervisor in advance of any change of name oraddress, and promptly notify the supervisor of any change ofemployment or occupation.

For the first year of this order, you shall be confined to yourresidence under house arrest for 24 hours per day, 7 days per week.The only times you may be absent from your residence are asfollows: For the following year less one day, respect a curfew from 11:00pm. to 7.00 am. with the same following exceptions: (g) being at work; (h) attending scheduled medical appointments or dealing with amedical emergency; (i) court attendances, meeting with counsel on outstanding legalproceedings, and reporting to your supervisor; (j) attending for counselling or treatment directed by thesupervisor; (k) attending to shopping for essentials and banking on Saturdaysbetween 11 a.m. and 7:30 p.m.; (l) travel directly to or from any of these activities; and (m) at any other time with the prior written permission of thesupervisor. abstain from (n) the consumption of alcohol or other intoxicating substances, or (o) the consumption of drugs except in accordance with a medicalprescription; (p) abstain from owning, possessing or carrying a weapon; Prohibition to drive a motor vehicle in Canada for a period ofthree (3) years; No costs, no surcharge.

_________________________ MICHEL MERCIER, J.C.Q. (JM1267) Me Joey Dubois Attorney for the Crown Me Pierre Joyal Attorney for the defense QUOTED JURISPRUDENCE Busque c. R. , 2009 CQ et 2009 CA, par 173 CQ et 3 CA Michaud c. R., 2010 CA, par 12 R.

c. Marcoux, 2008 CQ, par 42 et 45 47 R. c. Garneau, 2007 CQ, par 53 et 56 R. c.

Bouchard, 2006 CQ, par 52 54 Brutus c. R., 2009 CA, par 18 R. c. Leblanc, 2010 CQ, par 57 et 77 Ferland c. R., 2009 CA, par 29 31 R.

c. Pelletier, 2009 CQ, par 26 28 R. c. Maher-M nard, 2009 CQ, par 43 45 Hakim c. R., 2009 CA, par 24 Legault, 2009 CQ, par 53-54 et 77 R.

c. Rabolt, 2009 OSC, par 39-41 R. c. St-Onge, 2002 OSC, par 28 R. c.

G. B., 2010 QCCQ 8243 (CanLII) Latimer c. R., 2001, 1 R.C.S., 3, 2001 CSC 1 R. c.

Brault, 2010 QCCQ 7329 R. c. Jonathan Bernier, 2011 QCCA 228 R. c. Marie-Jos e Lortie, 17 mars 2010, 760-01-035827-069 R.

c. Beatty, (2008) 1 R.C.S., 49 R. c. Proulx, (2000) 1 R.C.S. [1] R.

v. Proulx, (2000) 1 R.C.S. 61 [2] Q. v. Nicolas Brault, 2010 QCCQ 7329 [3] Blouin, J.E.

93-342 , Kelly [4] Kelly, J.E. 97-1570 [5] Olivier REJB 2002-31668 [6] Par (1998) CanLII 12617 (QCCA) [7] Scraire (1998) CanLII 12604 (QCCA) [8] Hakim (2009) QCCA 25 (CanLII) // //.

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