Court File and Parties
Ontario Court of Justice
Between:
Her Majesty the Queen
— and —
Nerjet Persaud
Before: Justice Joseph F. Kenkel
Sentence
Delivered November 23, 2017.
Counsel:
- Michael Ventola, counsel for the Crown
- Ernst Ashurov, counsel for the defendant
KENKEL J.:
1Mr. Persaud was convicted at trial of operating a motor vehicle with a blood alcohol level in excess of the legal limit – Over 80. The Crown requests a $1600 fine plus probation and an 18 month suspension. The defence concedes an elevated fine is appropriate but asks for a lower amount with the minimum 12 month prohibition.
2Mr. Persaud has no record and I accept that any driving prohibition will pose difficulties in relation to his employment. I also accept that he is otherwise a person of good character.
3The central aggravating feature in this case is the very high readings. A few months after Mr. Persaud's arrest, a person named Marco Muzzo killed four people including three children in Vaughan while driving with a blood alcohol level in the same range as Mr. Persaud – 210 to 240mgs. Mr. Muzzo was also a person of prior good character without a criminal record, but he didn't have the good fortune to be stopped by a RIDE checkstop before he caused a tragedy.
4In a recent decision Justice Rose noted that impaired driving offences have been increasing significantly in this region over the past few years despite the tragic example in the Muzzo case – R v Patel 2017 ONCJ 728. It's necessary that sentences imposed on drivers like Mr. Persaud reflect the high risk to public safety created when someone chooses to drive with a high blood alcohol level.
5The Crown has not asked for a custodial sentence but does seek an elevated fine. The defence concedes an elevated fine is appropriate. I find the $1600 fine with mandatory victim fine surcharge is at the low end of an appropriate sentence given the aggravating readings but for this accused it presents a significant financial penalty. Mr. Persaud will be fined in the amount of $1600 plus victim fine surcharge and given his circumstances he will have 12 months to pay both.
6Probation with terms directed towards alcohol treatment and counselling for drinking and driving is essential for public safety. I will place Mr Persaud on probation for 18 months. In addition to the statutory conditions the following conditions apply:
- Keep the peace and be of good behaviour
- Report to probation as required
- Take counselling for alcohol use as directed by probation
- Take counselling related to drinking and driving as directed by probation
- Sign any releases required for probation to monitor your counselling
- Not operate or have care or control of any motor vehicle
7The high readings indicate a threat to public safety that will not be addressed without the counselling pursuant to probation. In that context I find it would not be safe to permit Mr. Persaud to operate a vehicle until his probationary term is completed. Mr. Persaud is prohibited from operating a motor vehicle for 18 months.
Delivered: November 23, 2017.
Justice Joseph F. Kenkel