An Ontario Court judge rejected the defence’s pitch for a short jail sentence for an impaired man who crashed his vehicle, causing multiple injuries to another driver.
Instead, Justice Aubrey Hilliard recently sentenced Jan Kaminski, 58, who pleaded guilty to impaired driving causing bodily harm, to nine months in jail.
Hilliard noted that she is seeing a “significant upward trend” in the length of sentences for impaired driving in Ontario.
“Hundreds, if not thousands, of hours have been spent by my colleagues writing judgments pointing out the devastating consequences of impaired driving,” said the judge.
“Yet, it appears that, despite all of their valiant efforts, the public is not deterred from driving while under the influence, given the number of impaired driving charges that continue to be heard in this court.”
Hilliard said that people should know by now that a vehicle turns into a deadly weapon when its driver is drunk.
Defense lawyer Frank Genesee said COVID and alcoholism led to the 2020 collision that left both drivers trapped in their vehicles.
But assistant Crown attorney Cameron Rogers said Kaminski was more than “slightly intoxicated.”
“This was sustained alcohol intake and he has a prior conviction from 2013, which is slightly dated,” said Rogers.
“But a message still needs to be sent from this court because the consequences of impaired driving can be incredibly serious.”
Genesee said the injuries sustained by the other driver – two broken ankles, a fractured femur and a lacerated spleen – were not “incredibly serious” as he seemed to recover.
He said his client was depressed and drinking at home on the night of the crash when he suddenly thought he had to be at work.
“He was wrong. Normally. he wouldn’t be on the highway in that condition. He was clearly not fit to be driving.”
Genesee said his client is abstaining from alcohol, hasn’t driven since the collision because his car was wrecked and is living in poverty.
“The pandemic has hit all working people hard. He went on sick leave after the accident and hasn’t worked since. He’s living in a motel in Woodstock and is basically penniless.”
Genesee asked for three-month jail sentence that would let Kaminski serve his time and start seeking a job.
And he noted that Kaminski has opted not to get vaccinated against COVID, so sending him to jail, even for 90 days, is a “serious penalty.”
The judge weighed whether Kaminski’s vaccination status should play into his sentence and decided it should not.
She noted that the court case has been going on for nearly two years.
“It should have been obvious to Mr. Kaminski he was going to spend some time in custody,” she said..
“It’s (known) that congregate settings increase the risk of contracting COVID. He chose not to avail himself of the vaccine, which is free and widely available.”
But the judge expressed sympathy for Kaminski’s struggles with depression.
And, noting that Kaminski would go into a two-week isolation period in jail because of COVID, she gave him credit of a month served, leaving him eight months to serve.
@EXPSGamble