Age, support, acceptance make difference in teen’s sentence

BY BRENT FOX

Kings County Register



The court sentenced a Sheffield Mills teen to house arrest in connection with the tragic death of his best friend after a prank gone horribly wrong last Apple Blossom weekend.

In Kentville provincial court Dec. 21, Judge Claudine MacDonald imposed a conditional sentence order of two years less a day on Grant Neil MacKay, 18, for driving in a manner dangerous to the public and causing the death of a young man who was a passenger in the vehicle.

The judge ordered Mackay to perform 240 hours of related community service work.

MacDonald also prohibited MacKay from driving in Canada for eight years. The Nova Scotia Registry of Motor Vehicles will have imposed a ban of at least as long.

The sentence order is in form of a house arrest, with the usual exceptions for education, employment, appointments, community service work and emergencies.

The accused must take recommended assessment, counselling or treatment. He is banned from possession or consuming alcoholic beverages and/ or non-medially prescribed drugs, and from possessing firearms.

The incident took place in Centreville June 3, when MacKay and three others in the front seat of a vehicle pulled in to buy gasoline. One of the passengers threw an egg at another vehicle, but discovered it was a police cruiser. When the passenger realized it was a police car, he yelled, “go!� MacKay, a new driver, panicked and drove away, turning his vehicle lights off. He passed a van, went through a stop sign and then lost control, possibly skidding on gravel, and went into a ditch.

The victim - MacKay's best friend - died as a result of a head injury sustained in the crash.

At the sentencing hearing, MacDonald acknowledged MacKay had been traumatized by the incident and requires counselling. As well, he is genuinely remorseful and accepts full responsibility. The judge noted MacKay's positive pre-sentence report. As well, she pointed out, despite their enormous loss, the victim's parents were concerned for MacKay and his future.

The judge pointed out, however, nothing can turn back the clock.

MacDonald was satisfied there was no question in a sentence being specific, given MacKay's remorse, but the public has to be deterred from such behaviour.

The aggravating factors were MacKay was trying to evade police, somebody in his vehicle had egged a police car, MacKay turned out the lights, went through a stop sign and was a newly-licensed driver outside his driving restrictions.

Alcohol was not a factor.

Mitigating aspects were, MacDonald noted, a timely plea of guilty, clear acceptance of responsibility, genuine remorse, his young age, no previous record and the support of his family and friends.

Crown prosecutor Darrell Carmichael had recommended a term of one year in jail and a driving prohibition of between five and 10 years.

Defense counsel Chris Manning suggested the conditional sentence in the community.