The accused was charged with two counts of dangerous driving causing bodily harm and one count of dangerous driving causing death. The accused was operating his vehicle on the QEW at 189 km/hr as he approached another vehicle from behind. The accused struck the vehicle violently from behind at approximately 178 km/hr; one of the occupants was killed, the other seriously injured. The passenger in the accused's vehicle was also seriously injured.
The accused pleaded guilty and was sentenced to 3 years in the penitentiary; he also received an 8 year driving prohibition. In imposing sentence, Nadel J commented on sentencing for dangerous driving and offered the following thoughts on the speed at which the accused was driving:
The accused pleaded guilty and was sentenced to 3 years in the penitentiary; he also received an 8 year driving prohibition. In imposing sentence, Nadel J commented on sentencing for dangerous driving and offered the following thoughts on the speed at which the accused was driving:
Sentences have tended to increase in severity for dangerous driving causing death.
Considering the speed at which Mr. Fitt was travelling it is not a misuse of language, in my view, to describe Gordon Fitt's action that night as an act of racing. While it is true that he was not competing in a race against another car on the roadway, he was racing his car down the highway no less than a racing car driver might do when practicing on a track empty of any cars other than his own [paras 35 and 44].
DG Mack