Brandon Joseph Poole, 33, was sentenced Wednesday to seven months in jail for leaving the crash scene on Rainbow Drive near Liard Drive in Prince George during the early morning of Dec. 20, 2016.
Due to the fact his pre-sentence incarceration was seven months, Poole's sentence from provincial court judge Cassandra Malfair amounted to time served.
Poole must also be on probation for two years, cannot drive for two years and must commit himself to treatment programs.
Poole pleaded guilty to the charge of leaving the scene of the incident. Provincial Crown prosecutors had suggested a sentence of between 9-12 months behind bars while defense counsel Connor Carleton argued for 3-4 months.
Malfair said of the Crown's time-frame, "such a sentence would be greater than those of higher moral culpability," based on the many cases from across Canada that she reviewed in preparation for sentencing.
She reiterated to the court that Poole was not on trial for inflicting the harm on the pedestrian, a 14-year-old girl he did not see while driving. The collision was grievous but not a crime. Poole was not speeding at the time, not driving in a negligent manner, nor was he known to be intoxicated while driving that night.
Malfair also rejected the lenient defense suggestion, however, because Poole did have some marks against him that night. He was driving without a valid license when the incident occurred and he may have had some alcohol in his system, although the extent of that was impossible to determine because he later left the scene of the incident and was found to have consumed alcohol afterwards.
Malfair noted that case law provided a range of 3-18 months in similar situations but also stressed that "each crime is committed in unique circumstances" and so she had to ponder the particulars of this incident.
She asserted that "It is a mitigating factor that Mr. Poole" did stop at the time of the incident, provided initial care to the injured young victim, identified himself to witnesses, and stayed at the scene until emergency responders had the victim in their care.
It was then that Poole and his distraught girlfriend opted to slip away to nearby Rainbow Park and then later carried on home. Police located and arrested him within a few hours. He complied with police without incident and did not attempt to mislead the investigation. He pleaded guilty and showed remorse, said Malfair, comparing that to similar cases in which the suspects were unwilling to take personal responsibility for their actions.
Also required of her decision-making process was to consider the characteristics of his Aboriginal background, if any pertained to this incident, and she found that such traits were involved. She listed a number of deep and negative life-circumstances that flowed to Poole as a result of colonial abuses passed down to him from past generations of his family and community.
The judge also cautioned that "the court cannot hold him accountable for hurting (the victim), only for leaving the scene of this incident."
The survivor of the crash, now 16, "was profoundly injured," Malfair explained, with a number of physical, mental and emotional side effects that cause her constant distress, inflicted significant upheaval to her family, and all involved with her are deeply concerned about future prospects for long-term outcomes for her life.
