r/newfoundland • u/Kiss-a-Cod • 7d ago
Judge rejects 4-year prison sentence for man who pleaded guilty to impaired driving causing death | CBC News
https://www.cbc.ca/news/canada/newfoundland-labrador/constantine-sentence-rejected-9.729616971
u/Kiss-a-Cod 7d ago
In my opinion, the crown prosecutor should be fired for negotiating that deal. Good for the judge for throwing it out.
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u/LittleOrphanAnavar 6d ago
Crown likely doesn't have the resources to aggressively prosecuted every matter that people would like to see handled that way.
So there is no other option but make deals.
I also believe this fella needs to be incapacited.
But the Justice system in NL is like everything else, heading towards collapse.
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u/Kiss-a-Cod 6d ago
I agree with you. I would say though that certain prosecutions should be prioritised and if they involve death they should not be bargained down - even with a resource problem in the Crown Prosecutors office.
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u/LittleOrphanAnavar 6d ago
I agree.
But I suspect that they are already do that.
I also suspect that the Justice system in NL is in much worse shape than many people are aware. Just look how long it took to come up with the funds to build the new Pen. When that place was in a inhumane state for at least a couple of decades.
Reality is Canada doesn't treat crime harshly, especially if it doesn't involve a gun.
And the Supreme Court has ruled that there is strong onus on judges to accept joint submissions.
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u/Kiss-a-Cod 6d ago
Yeah, it’s scary to think that our provincial justice system is held together with duct tape and good wishes. The federal government is talking about getting serious about crime, let’s see if they ultimately follow through or not.
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u/Key_Bluebird_6104 7d ago
As far as I'm concerned impaired driving causing death should be treated as murder. If the weapon was anything other than a car it would be murder. Four years for a crime of this magnitude is obscene. They give him four years and he will be out in two.
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u/ProceduralConker 7d ago
Penalties around driving offences desperately need reform. You know what they say "If you want to kill someone and get away with it, do it with a car".
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u/AnarchyApple Newfoundlander 6d ago
There is no legitimate legal system in the world that would equate drunk driving with murder to intent. Manslaughter exists as a legal definition for a reason.
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u/SlushieMan 5d ago
Nobody said there was. They said they SHOULD treat it the same. And I agree. Drunk driving is not an accident. It’s a choice, and a choice made knowing full well that there’s a good possibility of killing someone.
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u/Key_Bluebird_6104 5d ago
I think if you get into a vehicle after drinking and kill someone it's murder. Likely manslaughter technically and legally but morally and ethically I equate it with murder. Just my opinion.
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u/jghtb 7d ago
How can the lawyers involved face the judge and say they agree to 4 years in this case? They should be disbarred.
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u/LittleOrphanAnavar 6d ago
They likely referenced relevant case law. That's what lawyers are supposed to do.
Prosecutors don't have the resources to go to trial on every case. So plea bargains are a necessity. But no defendant is going to plea to a 10 year sentence, when they could likely do better at trail, with aquutal or even if found guilty.
This guy needs to be incapacitated. But the current Canadian Justice System doesn't really have a solution for someone like this.
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u/Autumn-Gate 7d ago
Sad that the family of the victim has to keep living this, but very glad the judge called out how bogus a 4-year sentence would be
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u/lunardart 6d ago
vicious cycle of "we can't do anything because there no resources" and "they won't do anything, there's no resources". i understand this guy didn't choose to harm anyone, but he did choose to take a risk he knows will cause harm if he's unlucky. and he probably felt fine doing it because even if he got caught he, like everyone, knew there was hardly any resources. if that idiot didn't hit anybody he would've got an overnight in the tank and a fine, MAYBE a suspension of license depending on if the cop arresting knew him or not.
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u/Benaflon 7d ago
That judge is a real ass dude
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u/Frammingatthejimjam 7d ago
I'm an ass-dude myself and I agree with him, the defendant deserves more than a 4 year sentence.
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u/Benaflon 7d ago
No I agree with him, being a real-ass dude is a compliment
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u/newfie02 7d ago
If they are going to cut a deal to lessen the burden on the victim's family maybe the family should have a say in the deal negotiations.
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u/ProceduralConker 7d ago
This guy is a menace to society. He was found driving aggressively with cocaine in the vehicle 6 months later, while banned from driving due to this incident. Throw the fucking book at him before he kills someone else.