A 30-year-old woman was sentenced to two years less a day in community prison after a fatal accident in November 2020 in Shipshaw, Saguenay.
Marie-Michelle Gagné’s health affected the length of her sentence, even though she had just admitted her guilt on a dangerous driving charge resulting in death.
“I have no recollection of the accident,” she confessed to Judge Richard Daoust before tearfully listening to the summary of the tragedy.
Late that evening she had just picked up her dog, which had previously run away from home. The animal, free in the passenger seat, is excited. Ms. Gagné will hit 144 km/h in a 90 zone while talking on a mobile phone.
In a pronounced curve, she crosses the car of Jean Blackburn, a 47-year-old family man. The latter rolls towards the hard shoulder and brakes to 73 km/h, but cannot avoid the impact.
He’s dead instantly.
Marie-Michelle Gagné spent five months in a coma and underwent two brain surgeries. She was finally charged in April 2022.
Her crime would carry a 14-year sentence, but both sides have considered the lasting scars she suffers. They proposed a sentence of two years less per day in society, with full house arrest for the first eight months.
“She has severe head trauma, she’s lost an arm, she can’t turn her neck,” summarized her attorney, Me Jean-Marc Fradette. In fact, his unlawful act resulted in a life sentence.”
In the courtroom, Chief of Criminal and Prosecution Mélanie Paré underscored the courage and resilience of the victim’s family. A cousin of Jean Blackburn attended the hearing.
“Forgiveness will be difficult, especially since everything was preventable,” said François Tremblay, cousin of Jean Blackburn. But continuing the process would have done nothing. It will not bring back the victim and the accused will never have a normal quality of life.”
The court did not want to impose a lifelong driving ban and left the decision to the SAAQ.