No history in Quebec court: drunk driver gets life, but not dangerous-offender tag

Professur

Professur

Well-Known Member
September, 9, 2009 - 10:57 am THE CANADIAN PRESS


SALABERRY-DE-VALLEYFIELD, Que. - A Quebec court opted against making legal history Wednesday, rejecting efforts to apply dangerous-offender status to a drunk driver for the first time ever in Canada.

Roger Walsh was instead sentenced to life in prison. Quebec court judge Michel Mercier called him incorrigible and said he would be likely to reoffend.

But he concluded that Canada's dangerous offender designation - a powerful legal weapon reserved for the worst criminals like murderers and serial rapists - did not apply in this case.

Walsh, 57, was handed the ruling in a courtroom west of Montreal. He pleaded guilty to mowing down a wheelchair-bound woman after a night of binge drinking last year.

It was his 19th drunk driving conviction.

Prosecutors have now tried on three occasions - including in Ontario and Alberta - but no Canadian judge has ever granted a dangerous offender tag for an impaired driving conviction.

The Crown had been hopeful that they could make history in this case, thanks to recent changes changes in federal law that might have made it easier to get the label applied.

Walsh pleaded guilty last December running down Anee Khudaverdian in October 2008 after a night of heavy drinking. The wheelchair-bound mother was out with her dog, on her 47th birthday.

The Crown was hopeful it might get the dangerous-offender tag to stick, thanks to a 2008 Criminal Code amendment.

The change allows prosecutors to seek the dangerous offender status with a lengthy prison term - 20 years, followed by 10 years of close surveillance - as opposed to an indeterminate prison sentence.

The change was introduced in the Tories' Tackling Violent Crime Act.

Under the old rules, the dangerous-offender designation automatically meant an indefinite prison stay and was reserved for the worst violent criminals.

Now, someone with the designation can get a fixed prison sentence - but if they breach conditions once they're freed, they could be thrown back in jail indefinitely.

Walsh's lawyer, Jacques Vinet, had proposed a 10-year sentence.

Anee Khudaverdian was propelled into a ditch after being struck by the minivan. Walsh kept driving and was arrested less than 10 kilometres away after driving into a ditch himself.

The court had heard that Walsh had more than double the legal blood-alcohol limit of .08 in his system. Walsh's 18 previous impaired driving convictions and 114 previous convictions in total for assault, uttering threats, breaking and entering and theft were entered into evidence.
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19 drunk driving convictions .... anyone seriously believe there's any hope in rehabilitating this .. slug? Any point at all in continuing to waste earth's resources on his continued existence?
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

Been hearing about this all morning. Not enough teeth on the DWI laws as it is. Buddy should never have gotten to the 19th arrest!
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

It seems like if his continued actions resulted in someone's death, it would be stupid not to apply the tag.
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

The tag's reserved for people who kill and/or rape consciously. This Drunken asswipe didn't kill anyone consciously, so as the law is..he can't fall into that designation.

The law can be rewritten though.
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

what's that phrase... wanton disregard?

the flip side is, hey, he's in prison forever, so does it really make a difference what they call the asshole? or is a "life" sentence not really life in kanadas?
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

I think it will get overturned on an appeal. Give that fucker 40 years in prison and he won't leave except in a body bag!
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

I'll bet he doesn't serve ten.
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

Under the old rules, the dangerous-offender designation automatically meant an indefinite prison stay and was reserved for the worst violent criminals.
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So, terrorists sent to Cuba should be free'd but a drunk can (in prosecutors had gotten their way) stay forever.

That's a nasty law.

Perhaps a couple cases of whiskey in this guys cell can quickly make it a death sentence.
 
Re: No history in Quebec court: drunk driver gets life, but not dangerous-offender ta

randomJACKASS said:
I think it will get overturned on an appeal. Give that fucker 40 years in prison and he won't leave except in a body bag!
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It won't - if he goes for an appeal and fails..he'll be colouring the judgment in 7 years when he goes up against the board for early release.

I will bet that the family of the woman he ran over will be there with bells on when he comes up for parole tho'
 
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