Question
On a November evening at about 11:45 p.m., Leighe was driving his car on a street in Middletown, Ontario. Earlier that evening, he had a
On a November evening at about 11:45 p.m., Leighe was driving his car on a street in Middletown, Ontario. Earlier that evening, he had a big meal and had been drinking wine. It was a cold night and the windshield on Leighe's car was frosted over making visibility difficult. At the same time, Mr. Hall was coming along the same road, ahead of Leighe on his bicycle. The bicycle had front and rear lights that were working properly. Leighe ran into Mr. Hall with his car from behind. The collision severely damaged the front end of the car. Leighe was very frightened and he drove away immediately from the scene of the accident. Mr. Hall was killed instantly. Leighe drove his car home and hid it at the back of his property.
Four days later, Leighe spoke to his lawyer. The next day, a Saturday, Leighe's lawyer contacted the police and told them that his client would be turning himself in on Monday, but did not identify his client.
In the meantime, after an intensive forensic investigation, the police searched Leighe's property with a warrant, found the car, and arrested Leighe for criminal negligence causing death on Sunday. Leighe pleaded guilty and co-operated fully with the authorities during his arrest and period of release. He had no criminal record prior to his release and his driving record included two speeding tickets obtained more than 10 years previous.
Leighe is the sales manager for a large company. He is a 37 year old married father of two children under the age of 5. His wife has a serious illness that does not currently allow her to keep a regular job. He was driving home from a charity dinner in support of the illness afflicting his wife on the night of the accident. Leighe admitted to the court that he has been experiencing problems controlling his drinking since his wife has been seriously ill. The maximum penalty for criminal negligence causing death is life imprisonment.
Wrote fully and clearly states your sentencing decision in this case. Identify and justify your choices of most important and least important objectives in sentencing Leighe. Use legal theories , what are some factors that will impact your decision the most. what type of evidence would be admissible in court and why?
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