The appellant appealed her sentence for careless driving resulting in the death of a pedestrian.
The trial judge imposed a 20-day intermittent jail sentence and a 24-month driving suspension.
The appeal court found the trial judge erred in principle by sentencing the appellant based on facts not admitted or proven, specifically that she was using a hand-held device at the time of the collision.
The appellant had only admitted to holding the device, not using it.
The appeal court allowed the appeal and substituted a $2,000 fine and 18-month driving suspension.
