Accused convicted following trial of leaving the scene of an accident resulting in death (252(1.3) CC) and obstruction of justice by giving a false statement (139(2) CC). Accused struck and killed a pedestrian, and then fled the scene. Accused then “commenced an elaborate attempt to mislead the police by reporting the vehicle stolen.” Court “suspicious” that accused fled because he had been drinking. Prior good character. Defence sought a CSO.
Held: 2 years jail for leaving the scene, 6 months consecutive for obstruction.
Accused was not a youthful offender who panicked. “The courts can, if they have the willpower to do it, create significant disincentive to flee the scene of an accident. Denunciation and deterrence must anchor a fit and proper sentence.”
C. Moustarah – Defence Counsel