Adrian Williams Touchette

This decision concerns the sentencing of Madison Sprayson following a fatal collision on Highway 407 in Pickering, Ontario, resulting in one death and serious injuries to others.

Sprayson was convicted of careless driving causing death and bodily harm under section 130(3) of the Highway Traffic Act.

The Crown sought a custodial sentence of 18 months, a 5-year driving prohibition, 24 months probation, and community service, emphasizing denunciation, deterrence, and public protection due to Sprayson's repeated driving infractions and denial of responsibility.

The Defence argued for a non-custodial sentence, highlighting Sprayson's personal circumstances, business responsibilities, and lack of criminal record.

The court imposed a 12-month custodial sentence, a 4-year driving prohibition, and 24 months probation with statutory conditions, rejecting community service due to lack of consent.

The decision carefully balances principles of parity, specific and general deterrence, and proportionality, while acknowledging the profound impact on victims and the offender's potential for rehabilitation.

The Crown appealed an acquittal on charges of careless driving causing death and bodily harm.

The appeal focused on errors in the trial judge's application of the principled approach to hearsay admissibility, specifically regarding threshold reliability and the consideration of corroborative evidence.

The Crown also argued the trial judge failed to provide adequate reasons for not applying a relaxed standard of admissibility for exculpatory evidence and improperly used *voir dire* evidence to assess witness credibility.

The court found multiple legal errors, including the misapplication of hearsay rules and the failure to provide sufficient reasons, warranting a new trial.