In a case of dangerous driving where “the consequences could have been horrific,” a Saskatoon judge ruled the sentence must reflect denunciation and deterrence above all else.
Queen’s Bench Justice Murray Acton sentenced Sean Brandon Stanley, 22, to three years in custody for his actions on July 15, 2015, when Stanley went on a “wild and excessive” driving spree in an attempt to avoid police.
That morning, Stanley sped through the alley behind the provincial courthouse after he was told to leave the building, court heard during sentencing arguments. Later that day, he refused to pull over for police on a separate matter, driving on the wrong side of the road, running red lights and speeding until he was arrested in the Sutherland neighbourhood about 20 minutes later.
Stanley pleaded guilty to two counts of dangerous driving and received two years concurrent on both charges. He received a one-year additional sentence for evading police.
His lawyer argued for a sentence of time served to account for a remand credit of just over two years. The Crown argued for a three-year sentence, which Acton imposed.
Reading his decision in court on Wednesday, Acton said while the court has acknowledged Gladue factors — aspects taken into consideration when sentencing aboriginal offenders — they “are by no means in parity and equal footing with the principles of denunciation and deterrence, which is a primary focus in the current circumstances.”
Acton listed aggravating factors such as Stanley’s criminal record, including 41 prior convictions, and his failure to obey court orders while serving conditional sentences in 2011 and 2013.
“Although the accused states that he is motivated to change his life for his son, he has had previous opportunities to do so and continues to make poor decisions,” Acton said.
The fact that Stanley admits associating with gang members is also concerning, he added.
According to a pre-sentence report, the Stanley downplays the role of alcohol in his life. Although he wasn’t intoxicated during the dangerous driving offences, court heard he was hungover and that alcohol is an issue for him.
The report stated Stanley knows he needs to find better peers and employment in order to stay out of trouble, Acton noted in his decision.
“It was very irresponsible,” Stanley told court, apologizing for the chaos he caused. “I put a lot of people in danger, including myself.”
Stanley will have just under a year left to serve on the sentence, which includes two years of probation and a three-year driving ban upon his release.
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