By Nigel Maxwell

Crown won’t appeal Courtney sentence

Feb 5, 2013 | 11:12 AM

Crown prosecutors won’t appeal a controversial sentencing decision made in a Prince Albert court room last week.

Tanner Hallett Courtney was sentenced to two years less a day in jail for his role in the crash during the May long weekend last year that killed local businessman Ben Darchuk. Courtney was driving drunk at the time.

“Generally we launch an appeal if the sentence falls outside the range for sentences of this type of offense,” said Crown Prosecutor Bruce Bauer.

In this case, the Crown sought a maximum 27 months, so Bauer said they would not likely be successful.

There has been a public outcry from within the community, and from MADD Canada that Judge Morris Baniak should have imposed a stiffer sentence.

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Bauer said judges are constrained by case law. The superior courts determine what the sentences are, and lay out a range for the judges to follow.

“The Court of Appeal has set out a range given the circumstances in this case, and the judge came in towards the higher end of that range,” said Bauer.

Bauer said the fact that Courtney pled guilty did have an impact on the sentencing, as it shows the accused is taking responsibility for his actions.

“It's a tragedy for the family of Mr. Darchuk, it's a tragedy for the City of Prince Albert, and it's a tragedy for the family of the accused. Young people drinking and driving don’t realize the danger until something like this happens; unfortunately Mr. Darchuk had to pay for it,” said Bauer.

nmaxwell@panow.com

On Twitter: @nigelmaxwell