A sentence too light?
Crown appeals probation for drunk driverCBC News
March 1, 2011
Manitoba Justice is appealing the suspended sentence handed to a drunk driver who badly wounded a young city worker with her car, saying the penalty was too light.
Joan Ann Henderson, 54, is currently serving two years of probation after pleading guilty to impaired driving causing bodily harm. The Crown had sought jail time in the case but Court of Queen's Bench Justice Chris Martin declined.
Henderson was sentenced on January 26 after admitting responsibility for being drunk behind the wheel and hitting Michael Pacheco as he worked with a road crew on Main Street on the night of April 22, 2008.
'The sentence imposed was unfit with regard to the nature and circumstance of the offence and the principles of denunciation and deterrence.' — Appeal documents
Joan Ann Henderson, 54, is currently serving two years of probation after pleading guilty to impaired driving causing bodily harm. The Crown had sought jail time in the case but Court of Queen's Bench Justice Chris Martin declined.
Henderson was sentenced on January 26 after admitting responsibility for being drunk behind the wheel and hitting Michael Pacheco as he worked with a road crew on Main Street on the night of April 22, 2008.
'The sentence imposed was unfit with regard to the nature and circumstance of the offence and the principles of denunciation and deterrence.' — Appeal documents
Pacheco, then 27, was standing behind a city truck on Main near Templeton Avenue at about 1 a.m. when Henderson's car slammed into him, pinning him between the two vehicles.
He was rushed to hospital in critical condition but survived.
The Crown has filed appeal documents in Manitoba's highest court suggesting the sentence handed down to Henderson was too lenient and fails to send the proper message.
"The sentence imposed was unfit with regard to the nature and circumstance of the offence and the principles of denunciation and deterrence," the documents state.
A conviction for impaired driving causing bodily harm carries with it a maximum penalty of 10 years in prison.
At the time of the crash, Henderson's blood-alcohol level was reported to be more than twice the legal limit. Court heard she was instantly remorseful for what had happened.
Media reports at the time she was sentenced stated Henderson was taking a prescription medication that influenced the incident. Justice Brenda Keyser suggested the case was exceptional and required the court to show leniency.
Henderson's lawyer, Evan Roitenberg, did not return a call seeking comment.
No date to hear the appeal has been set.
He was rushed to hospital in critical condition but survived.
The Crown has filed appeal documents in Manitoba's highest court suggesting the sentence handed down to Henderson was too lenient and fails to send the proper message.
"The sentence imposed was unfit with regard to the nature and circumstance of the offence and the principles of denunciation and deterrence," the documents state.
A conviction for impaired driving causing bodily harm carries with it a maximum penalty of 10 years in prison.
At the time of the crash, Henderson's blood-alcohol level was reported to be more than twice the legal limit. Court heard she was instantly remorseful for what had happened.
Media reports at the time she was sentenced stated Henderson was taking a prescription medication that influenced the incident. Justice Brenda Keyser suggested the case was exceptional and required the court to show leniency.
Henderson's lawyer, Evan Roitenberg, did not return a call seeking comment.
No date to hear the appeal has been set.
posted by Clare L. Pieuk at 7:46 AM
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