By Thia James

Increased sentence for man convicted for 2011 drunk-driving death

Jul 21, 2013 | 12:09 PM

The Court of Appeal for Saskatchewan has increased the sentence of a man convicted for his involvement in a high-speed collision that killed a teenage girl nearly two years ago.

Kirk David Ross’ sentence was increased to 30 months, but he received four months credit for his time in remand. The court also set aside his probation order.

The three appellate court justices unanimously agreed on July 15 to the Crown’s appeal of Ross’ 20 month sentence on a charge of impaired driving causing death.

With time in remand factored in, Ross was set to serve 18 months in provincial custody.

Ottenbreit wrote that a fit sentence, under the circumstances would have been three to four years in custody, but the court could not give a sentence harsher than the 30-month limit because of Ross’ guilty plea.

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“With that limit in mind, and to give effect to the principles of sentencing mentioned above, this Court must impose a sentence of 30 months—the maximum allowable in the circumstances,” Ottenbreit wrote.

Ross pleaded guilty to driving while impaired causing the death of 17-year-old Danika Clarke on Nov. 19, 2011. He also pleaded guilty to failing to comply with a probation order and to two counts of being at large on a recognizance.

In total, Ross was sentenced in October 2012 to 27 months before credit for the time he spent in remand. He was also subject to an 18-month probation order in addition to the custodial sentence.

The Crown had asked for a 30-month sentence for the hit-and-run death and that the credit for time in remand should go towards his breaches.

It later appealed the sentence, calling it “demonstrably unfit.” It also said the sentence failed in terms of denouncing and deterrence, it wasn’t equal to similar sentences for similar crimes and it wasn’t proportionate to the gravity of the offence and Ross’ degree of responsibility.

“Given the aggravating features of this offence committed in these circumstances with this offender, a sentence of 24 months simply does not meet the fundamental principle of sentencing, being proportionality. It does not give effect to the gravity of the offence and the degree of responsibility of the offender or give effect to the objectives of deterrence or denunciation. Further, a sentence of 24 months is demonstrably unfit. In light of these conclusions, the sentence for impaired driving causing death must be set aside,” Ottenbreit wrote.

In Nov ember 2011, Ross was driving at a speed of 115 kilometres per hour (km/h) in a residential neighbourhood with a posted speed limit of 40 km/h. He hit Clarke with his 1994 Pontiac Grand Am while she was crossing 13th Street West at an intersection, severing her legs on impact and throwing her about 80 metres.

The collision killed the Southend mother of one instantly.
Ross did not stop after hitting Clarke, and proceeded to hit other vehicles. The last vehicle he hit had four occupants, who weren’t injured. He fled the scene on foot and was later arrested. At the time of his arrest, his blood alcohol level was .192.

He was also in breach of a probation order requiring him to keep the peace.

tjames@panow.com

On Twitter: @thiajames