Michael M. DelGobbo

Two paramedics were convicted of failing to provide the necessaries of life after misdiagnosing a fatal gunshot wound as a superficial BB gun injury and failing to transport the victim to a trauma hospital immediately.

The Crown sought a 2.5-year penitentiary sentence, arguing that uncharged offences like manslaughter should be considered aggravating factors.

The court rejected this argument, finding it fundamentally unfair since the Crown chose the specific charge.

Balancing the offenders' high moral blameworthiness for failing to follow their training against their lack of criminal records, positive community support, and the collateral consequences of their convictions, the court imposed an 18-month conditional sentence for each offender.

The accused paramedics were charged with failing to provide the necessaries of life to a 19-year-old gunshot victim.

Upon arriving at the scene, the accused failed to recognize the victim had suffered a penetrating wound to the abdomen, instead concluding he was experiencing a psychiatric issue and had been shot by a BB gun.

They delayed transport, performed inappropriate lifts, and failed to take the victim to a lead trauma hospital.

The court found their actions constituted a marked departure from the standard of care expected of reasonably trained paramedics, endangering the victim's life.

Both accused were found guilty.