R. v. Blanthorne, 2019 BCPC 342

Citation: R. v. Blanthorne 2019 BCPC 342 Date: 20191030 File No: 87307-1 Registry: Abbotsford IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JACOB ROSS BLANTHORNE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE R.C. DICKEY Counsel for the Crown: C. Lawlor Counsel for the Accused: P. Janzen Place of Hearing: Abbotsford , B.C. Date of Hearing: October 30, 2019 Date of Judgment: October 30, 2019 [ 1 ] THE COURT: The accused, Jacob Ross Blanthorne, has pled guilty to driving without due care and attention under the Motor Vehicle Act . Unfortunately, a somewhat minor driving offence has had extremely tragic consequences. The driving offence resulted in

the tragic loss of life of 15-year-old Lidia Lilia Ramos-Fincaryck and significant injuries to Jonathan Roy Tingly (phonetic). [ 2 ] Crown and defence jointly submit that a sentence of a $1,500 fine is appropriate and any driving prohibition is to be left to the Superintendent of Motor Vehicles. [ 3 ] I want, for a moment, to speak directly to the friends and family of Lidia. The sentencing process which I will shortly embark on is not meant to, nor will it ever, reduce the suffering that this tragic accident has caused.

That does not mean, however, that as a judge and as a person, that I do not acknowledge your deep suffering. I want to express to you my deepest condolences. CIRCUMSTANCES OF THE OFFENCE AND THE OFFENDER: [ 4 ] Mr. Blanthorne was driving a vehicle on a dark, stormy, wet night. In his vehicle were Lidia, Mr. Tingly, and Mr. Blanthorne's brother. The circumstances of how this accident occurred will never, for sure, be known. It appears that Mr. Blanthorne was travelling at a safe speed when he rounded a corner. He completed this turn in a safe manner.

It is unclear but he then possibly hydroplaned, overcorrected and caused the vehicle to go over and down an embankment. [ 5 ] I should note that I find that on these circumstances the plea to driving without due care and attention is appropriate. Mr. Blanthorne was cooperative with police, there is no suggestion that he consumed alcohol. Mr. Blanthorne has neither a criminal or a driving record and since this accident, which is now three-and-a-half years ago, he has remained without entries on both. [ 6 ] I have read the victim impact statements. Lidia was a beloved daughter, sister, friend.

She had a significant positive impact on everyone she met. People who knew her have suffered greatly from her tragic death. [ 7 ] Mr. Blanthorne is presently 24 years of age, he is remorseful. His guilty plea indicates his acceptance of responsibility for this offence. LAW: [ 8 ] The Crown and defence have both submitted that the case most on point is R. v. Chisholm , 2009 BCJ 127 . I agree with that submission. The Crown has also provided to me the following two cases, R. v. Stupar, 2015 OJ 3308 and R. v. Bahia , 2013 BCJ 2840 . The defence has provided to me the following cases, R. v.

Brownson , 2016 BCPC 399 , R. v. Campbell , 2019 BCPC 11 , R. v. Pong , 2016 BCPC 327 and R. v. Ward , 2017 BCPC 40 . I have reviewed these cases and, as noted, I agree the Chisholm case is most on point. [ 9 ] In Chisholm , the circumstances are similar in that the accused was found to have a momentary lack of attention resulting in a tragic accident. The accused was fined $1,300. DECISION: [ 10 ] The case law makes it clear that I must sentence Mr. Blanthorne for his momentary lack of attention and not for the tragic loss that it caused.

Applying the case law I have referred to and considering his responsibility in driving without due care and attention, I accept the joint submission. There will be a fine of $1,500 to be paid by no later than April 30th, 2020. [ 11 ] I want to stress, as have judges in previous decisions, that there is no equation to be drawn between the amount of the fine and the magnitude of the loss suffered by the victims of this tragedy. I quote from Judge Bowden in R. v.

Ida , 2008 BCJ 801 , when he stated the following: …no matter what the sentence is under the Motor Vehicle Act , it can do nothing to bring back the victim of this tragedy, nor should it be taken in any way as putting any particular value on human life. That is impossible. So, any sentence of the court, particularly where a fine is involved, should never be taken to have any meaning in terms of the value of human life which, as everybody would agree, is priceless. (ORAL REASONS FOR SENTENCE CONCLUDED) ________________________ R.C. Dickey Provincial Court Judge