Bianca driver to face adult court

In his decision, which overturned an earlier court ruling, Judge Richard Mongeau said that the defendant must be tried in adult court.

Consequently, he could face a maximum jail term of 14 years if convicted of causing death by criminal negligence and dangerous operation of a motor vehicle.

Because the accident occurred on his 18th birthday, the defendant’s lawyers had argued for a trial in youth court, citing jurisprudence in similar age related cases.

Quebec Court Judge Odette Perron had agreed, ruling on June 27 that wording in the charge sheet meant the defendant should be tried in youth court where he would face a greatly reduced maximum sentence.

The sheet stated the fatal accident had occurred “on or about” October 31, 2007. The time frame encompassed the day of the accident, as well as the days before and after.

The defendant was still 17 years-old the day before the accident.

But the Crown countered that since there was no doubt the accused was a legal adult at the time of the accident the ruling did not apply.

In this week’s decision Mongeau also issued a 31 day publication ban on the name of the defendant.

Defence lawyer Pierre Joyal has 30 days in which to file an appeal on the decision.

The deadly crash happened as Bianca and her babysitter were putting up Halloween decorations in Ile Perrot last October.

Police say the defendant, who was illegally driving alone on a learner’s permit, slammed into another teen’s car from behind, sending both vehicles careening onto the babysitter's lawn.

The defendant’s car trapped the young girl.

The 17 year-old driver of the other car also faces charges in Youth Court.

KE