Paul K. Mergler

The offender was sentenced after convictions for dangerous driving and two counts of failing to remain at the scene of an accident under the Criminal Code.

The offences arose from a collision in which the offender struck two pedestrians and fled the scene, causing serious and lasting physical and psychological injuries to the victims.

The court emphasized denunciation and general deterrence as paramount objectives for serious driving offences involving harm and failure to remain.

Aggravating factors included the severe and ongoing harm to the victims, the offender’s continued dangerous driving while fleeing, his failure to report the accident, lack of remorse, and an extensive driving record.

The court imposed a global custodial sentence of 24 months less a day, followed by probation and ancillary orders.

The accused was charged with failing to stop at the scene of an accident and dangerous driving after his vehicle struck two pedestrians crossing the street.

The accused claimed he did not see the pedestrians or hear the impact, and fled the scene unaware of the collision.

The court rejected his evidence, finding he had actual knowledge of the collision and fled to escape liability.

The court also found his driving, which included edging into an intersection on a red light and driving too closely to visible pedestrians, constituted a marked departure from the standard of a prudent driver.

The accused was found guilty on all counts.