The appellant, a professional truck driver, was convicted of four counts of criminal negligence causing death and three counts of criminal negligence causing bodily harm following a multi-vehicle collision on Highway 401.
The appellant appealed both his conviction and sentence.
The Court of Appeal dismissed the conviction appeal, finding that the trial judge reasonably concluded the appellant's prolonged inattention constituted a "marked and substantial departure" from the standard of care.
However, the Court granted the sentence appeal, reducing the global sentence from seven years to five years, finding the original sentence demonstrably unfit due to an overemphasis on denunciation and general deterrence, and insufficient consideration of the appellant's positive personal circumstances and low risk of recidivism.
