Robert Clifford Smith, a serial car thief, sentenced to life in jail after 193 convictions | Posted Toronto | National Post
Judge sentences serial car thief to life in jail after 193 convictions
An Ontario Superior Court judge has sentenced a “recalcitrant recidivist” to life in prison for taking police on a risky, high-speed chase through the streets of Toronto that ended in a fatal crash.
In a precedent-setting decision Friday, Justice Jane Kelly said life was the only reasonable sentence for Robert Clifford Smith, 43, who has amassed 193 criminal convictions over more than two decades.
“Mr. Smith is a serial and uncontrollable criminal. He is a threat to our society and to the safety of our public,” Judge Kelly stated. “The only way to control Mr. Smith while protecting the public is to keep him in custody, and that is where he shall remain for life.”
Smith’s lawyer, Ed Schofield, said there has been only one other case in Canadian history where a judge has meted out a life sentence for criminal negligence causing death, and it was overturned by the Manitoba Court of Appeal.
“I’m surprised by it,” Mr. Schofield said of Judge Kelly’s ruling. As the defence had been calling for a sentence of fewer than 10 years, “I think there will probably be an appeal.”
Smith’s rampage through city streets on Feb. 15, 2010, ended in a devastating crash that killed 26-year-old driver Mahboba Attayee and injured five other passengers, including her niece and sister.
The saga began when Smith stole a Dodge Caravan. Over the next few days he proceeded to break into a string of local businesses, where he stole cash and other items, including gasoline. On the day of the crash, police began pursuing Smith along Midland Avenue after residents called to report a break-and-enter in progress.
A high-speed chase ensued, with Smith racing along Midland at an estimated 100 kilometres per hour — double the posted limit. He turned onto Lawrence Avenue, where he ignored a red light and clipped a car, but kept going. To avoid a build-up on the westbound lanes, Smith then veered into an eastbound lane and smashed into Ms. Attayee’s Honda Accord as she attempted to turn left onto Pharmacy Avenue.
“The nature of Mr. Smith’s driving is nothing short of shocking,” Judge Kelly said. While most of Smith’s past convictions were for theft, he also collected several dangerous-driving convictions and at the time of the fatal collision, was banned from driving for life.
“Mr. Smith has absolutely no regard for the rules of the road or the innocent people using them. It is by sheer luck that Mr. Smith did not injure or kill anybody prior to Feb. 15, 2010,” Judge Kelly said.
At the time of her death, Ms. Attayee, described by her brother as the “trunk” of the family tree, had been collecting money to assist widows and orphans in Afghanistan. Her niece, Khoshbo Attayee — who suffered head and neck injuries in the crash — described her aunt as “humble, kindhearted, loving, respectful and full of joy.”
Mahboba Attayee’s sister, Addela Attayee, said her own neck, back and leg injuries have interfered in daily chores such as laundry and cooking. In a victim-impact statement, she noted: “The only place which gives me some peace and serenity is the graveyard of my sister… I go there and I pray for her.”
Judge sentences serial car thief to life in jail after 193 convictions
An Ontario Superior Court judge has sentenced a “recalcitrant recidivist” to life in prison for taking police on a risky, high-speed chase through the streets of Toronto that ended in a fatal crash.
In a precedent-setting decision Friday, Justice Jane Kelly said life was the only reasonable sentence for Robert Clifford Smith, 43, who has amassed 193 criminal convictions over more than two decades.
“Mr. Smith is a serial and uncontrollable criminal. He is a threat to our society and to the safety of our public,” Judge Kelly stated. “The only way to control Mr. Smith while protecting the public is to keep him in custody, and that is where he shall remain for life.”
Smith’s lawyer, Ed Schofield, said there has been only one other case in Canadian history where a judge has meted out a life sentence for criminal negligence causing death, and it was overturned by the Manitoba Court of Appeal.
“I’m surprised by it,” Mr. Schofield said of Judge Kelly’s ruling. As the defence had been calling for a sentence of fewer than 10 years, “I think there will probably be an appeal.”
Smith’s rampage through city streets on Feb. 15, 2010, ended in a devastating crash that killed 26-year-old driver Mahboba Attayee and injured five other passengers, including her niece and sister.
The saga began when Smith stole a Dodge Caravan. Over the next few days he proceeded to break into a string of local businesses, where he stole cash and other items, including gasoline. On the day of the crash, police began pursuing Smith along Midland Avenue after residents called to report a break-and-enter in progress.
A high-speed chase ensued, with Smith racing along Midland at an estimated 100 kilometres per hour — double the posted limit. He turned onto Lawrence Avenue, where he ignored a red light and clipped a car, but kept going. To avoid a build-up on the westbound lanes, Smith then veered into an eastbound lane and smashed into Ms. Attayee’s Honda Accord as she attempted to turn left onto Pharmacy Avenue.
“The nature of Mr. Smith’s driving is nothing short of shocking,” Judge Kelly said. While most of Smith’s past convictions were for theft, he also collected several dangerous-driving convictions and at the time of the fatal collision, was banned from driving for life.
“Mr. Smith has absolutely no regard for the rules of the road or the innocent people using them. It is by sheer luck that Mr. Smith did not injure or kill anybody prior to Feb. 15, 2010,” Judge Kelly said.
At the time of her death, Ms. Attayee, described by her brother as the “trunk” of the family tree, had been collecting money to assist widows and orphans in Afghanistan. Her niece, Khoshbo Attayee — who suffered head and neck injuries in the crash — described her aunt as “humble, kindhearted, loving, respectful and full of joy.”
Mahboba Attayee’s sister, Addela Attayee, said her own neck, back and leg injuries have interfered in daily chores such as laundry and cooking. In a victim-impact statement, she noted: “The only place which gives me some peace and serenity is the graveyard of my sister… I go there and I pray for her.”
