Guilty of criminal negligence
Jun 26, 2008 - 02:55 PM
By Jeff Mitchell
OSHAWA -- An Ajax boy who was just 14 when his speeding car left a roadway killing two of his young friends, has been sentenced to a six-month term of house arrest.
Ontario Court Justice Mary Teresa Devlin announced the sentence Thursday, calling it the appropriate punishment for a young man who'd never been in trouble with the law before the tragic crash last fall in rural Ajax.
"It is a reasonable alternative to custody," Justice Devlin said of the deferred custody sentence, which is to be followed by six months of probation.
"He will have to live with and come to grips with the terrible consequences of his actions and the loss of his two friends."
The boy, whose name cannot be published under provisions of the Youth Criminal Justice Act (YCJA), was at the wheel of a Mazda he had recently bought when it sped south on Audley Road on the morning of Nov. 18. The boy lost control after passing another vehicle; his car left the roadway and flipped.
Two of the boy's classmates, both aged 15, died in the crash; the driver sustained a broken collarbone and injured ribs.
Thursday's ruling came a month after an emotional sentencing hearing for the youth, who pleaded guilty to two counts of criminal negligence causing death. The Crown had pressed for a custodial sentence but Justice Devlin opted for less severe punishment, citing the boy's youth, his clean record and provisions of the YCJA, which require judges to consider alternatives to jailing young people.
It was at last month's hearing that Mohammed Adil Awan, whose youngest child died in the crash, urged the judge not to send the Ajax boy to jail. Mr. Awan was present for Thursday's court session, listening quietly and dabbing at teary eyes as the judge delivered her ruling.
In addition to the sentence, Justice Devlin imposed a driving prohibition that will prevent the boy from getting a licence until he's 18.
The judge urged the boy, now 15, to get counselling as he moves on and to make the most of his life.
"Your friends don't have the gift of life you have," Justice Devlin said. "I want you to find ways to do good with the gift you have."
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