By Thia James

Behind the Courtney sentencing decision

Feb 5, 2013 | 5:07 AM

It’s the case of an impaired driver that Prince Albert had its eyes on, and a sentence that has left many asking “why?”.

Provincial Court Judge Morris M. Baniak sentenced 22-year-old Tanner Hallett Courtney to two years less a day in a provincial correctional facility last Wednesday for causing the death of Ben Darchuk in May 2012.

Baniak also prohibited him from operating a motor vehicle for three years after his release and pay a federal victim surcharge of $100 upon his release from custody.

Crown and defence prosecutors had agreed that only a custodial sentence is appropriate, but differed on where it should be served – a provincial correctional centre or a federal penitentiary.

In his decision, Baniak looked at cases that involved impaired drivers who caused death from courts at all levels in Saskatchewan, noting the sentence and mitigating factors that were considered when those judges made their decisions.

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TO SEE THE JUDGE’S FULL DECISION, CLICK HERE.

Baniak rejected the Crown’s contention that this case mirrored the Rita Galloway case, in which she was much younger, had previous convictions for intoxicated driving and she didn’t take responsibility or show remorse for her crime.

But he took into account three other cases where the drivers were sentenced to less than two years’ incarceration for killing someone while driving impaired. In one of these cases, the defendant’s remorse and guilty plea were seen as “significant mitigating factors” by that court, which gave him an 18-month sentence.

“In this present case, Mr. Courtney, while impaired, drove in a manner that resulted in the death of an innocent motorist,” Baniak wrote. “No excuse or explanation was given. There is clearly a need to denounce this offence and send a message to stress that drinking and driving will not be tolerated.”

Baniak also rejected restitution applications filed on behalf of members of Darchuk’s immediate family.

Ben Darchuk was killed in a collision with Courtney’s car head-on nine kilometres north of the city.

Darchuk made an attempt to avoid the accident, leaving skid marks. Courtney’s vehicle didn’t leave skid marks. He was also driving erratically according to a witness statement.

Courtney had both alcohol and cocaine in his system at the time of the accident.

While Baniak made note of the mitigating factors – including Courtney’s lack of a criminal record, youth and what he deemed “exemplary conduct since his release on conditions” – he stated that Courtney will have to spend part of his life in jail.

“This fact alone will not bring back Mr. Darchuk, and it may not satisfy or console his family, but it is, under the circumstances, the end result of a tragic event,” Baniuk wrote. “An event which will scar the Darchuk family indefinitely and which will force Mr. Courtney to live with the fact that his actions caused the death of another human being.”

tjames@panow.com

On Twitter: @thiajames