Ontario driver who killed woman and 3 daughters seeks to appeal conviction and sentence – Toronto | Globalnews.ca

A driver who hit and killed a woman and her three young daughters in Brampton, Ontario, two years ago is challenging his conviction on drugged driving charges as well as his sentence.

In a notice of appeal filed last month, Brady Robertson’s attorney alleges that the trial judge erred in upholding the constitutionality of Canada’s law that establishes a legal limit for THC blood concentration while driving.

The notice says Robertson is seeking to have the section of the law related to THC blood concentrations declared invalid and his convictions for driving under the influence of alcohol vacated.

Robertson, 22, was sentenced in May to 17 years in prison, minus nearly three years of time credit already served. He is also banned from driving for 20 years after his release.

Robertson pleaded guilty to four counts of dangerous driving causing death in connection with the June 18, 2020 crash that killed Karolina Ciasullo and her daughters Klara, Lilianna and Mila, who were between six and one years old.

But he has pleaded not guilty to four counts of drugged driving that caused his death, and his lawyers have challenged the constitutionality of the drugged driving law.

During the trial, Ontario court judge Sandra Caponecchia found that Robertson had a blood THC concentration of 40 nanograms of THC per milliliter of blood about 45 minutes after the accident, which is eight times the legal limit.

The constitutional challenge was rejected earlier this year, leading to a guilty verdict on charges of driving while intoxicated. Robertson was also found guilty of dangerous driving in another accident that took place on June 16, 2020.

Robertson is also seeking permission to appeal his sentence, arguing in the notice that it is “inappropriately and unduly harsh.” The document also argues that Caponecchia was wrong to ignore the principle of precedent in sentencing.

The document further argues that the judge erred in finding that the principle of restraint, which states that the least severe but reasonable sentence should be imposed, did not “play a role in the sentencing of a young and indigenous person.”

He argues that the sentence must be reduced to one that is “apt”.

Robertson’s attorney did not immediately respond to a request for comment.

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