Drunk driver will be sentenced next month

JLM

Hall of Fame Member
Nov 27, 2008
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Drunk driver will be sentenced next month
By Tracy McLaughlin ,Special to QMI Agency
First posted: Thursday, April 17, 2014 06:36 PM EDT
BARRIE - A Cobourg man who got out of drug rehab and went straight to the liquor store to buy a bottle of whiskey before killing a woman with his SUV doesn’t believe he needs any counseling, a court heard Thursday.
Christopher Dubreuil, 29, has pleaded guilty to impaired driving causing the death of Ashley Fogal, 24, a woman known for “working wonders” with mentally handicapped children.
Dubreuil suffered a fractured skull and broken knees, hips and sternum, but remarkably he climbed out of the sunroof of his crumpled vehicle and stood there as if in no pain.


So this lad suffered a broken skull after his head was already f**Ked up! The future doesn't bode well, but most of it should be in jail!
 

Tecumsehsbones

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Mar 18, 2013
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Uh huh and a real lawyer would know 229(c) was struck down for violating Sect 7 of the Charter.
A real Canadian lawyer would. I've said a couple of times I'm not a Canadian lawyer.

You're wrong, by the way. Near as I can tell from some fairly cursory research, some applications of 229(c) have indeed been struck down, but the statute remains in force.

See, that's the way it works. If you go back to my original post, you will also see that I didn't say that this clown could be imprisoned under 229(c). I said that with some good lawyering, one could make an argument that 229(c) should apply. That's the way it works. The legislature passes the law, then the courts interpret it. In that interpretation, lawyers make arguments. If the prosecution decided to charge the guy under 229(c), it would argue that he took an action with criminal intent, and that a death resulted, which is what is called "felony murder" in common-law countries. The prosecution would cite various cases, and argue that this case is closer to prior cases where 229(c) was applied. The defence would argue that application of 229(c) in this case would violate the Charter, citing cases to support its argument, and claiming that this case is close enough to those that 229(c) should not apply.

That's what real lawyers do.
 

petros

The Central Scrutinizer
Nov 21, 2008
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Uh huh. Bullsh-t. The only thing you and a lawyer have in common.

Lawyering by the Crown is why it was struck down and violates the Charter.
 

Tecumsehsbones

Hall of Fame Member
Mar 18, 2013
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Uh huh. Bullsh-t. The only thing you and a lawyer have in common.

Lawyering by the Crown is why it was struck down and violates the Charter.
Yep. It's not a one-way process. A little hard for the lay mind to understand. Specially when the lay mind in question ain't all that sharp to begin with.
 

petros

The Central Scrutinizer
Nov 21, 2008
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And 229(c) doesn't exist in reality because it violates the Charter. When it was suggested you fill you boots and back your BS you said you did but never ran across the SCoC R. v Martineau?
It is argued that some recent cases have treated accidental deaths during the pursuit of an unlawful object as murder under s. 229(c) and that such a result violates s. 7 of the Charter, including principles of fundamental justice that accidental deaths not be punished as murder and that unintentional harms not be punished as severely as intentional harms

At what point did the guy hop behind the wheel with the intent of crossing the centerline to kill?

What you have in bold is the reason why it was struck down. Thanks.
 
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