Judge surprised blood sample missing in drinking and driving case

Sentencing for Sydney man also included reminder for lawyers

In sentencing a Sydney man Monday, provincial court Judge Peter Ross offered a gentle reminder to Crown and defence lawyers about ensuring the court has sufficient information on which to base a sentence.

Ross imposed a 17-month, two-week sentence on Robert Michael MacLean, 24, who pleaded guilty to eight offences, two counts of breaching court orders, two counts of driving while disqualified, and single counts of impaired driving causing bodily harm, resisting arrest, assault and mischief.

The offences occurred in Sydney between August and September. He is also prohibited from driving for four years.

The sentence was a joint recommendation from prosecutor Lisa MacPhee and defence lawyer Christa Thompson.

The majority of the charges related to an incident Aug. 25 on Lingan Road when a vehicle driven by MacLean crossed the centre line and smashed into another vehicle, sending it into the ditch.

While MacLean suffered on minor injuries, the female driver of the second vehicle suffered two broken legs and a collapsed lung.

In filing a victim impact statement, the woman said her hopes of becoming a police officer are now dashed and continues to need help washing, dressing, cooking and with other aspects of her life.

Ross said while the statement was detailed, there was nothing to indicate what the long-term prognosis is for the victim.

The judge said he is only left to infer the woman is considerably disabled.

“I regret not having more medical information,” he said, adding he would proceed to sentencing based on the guilty plea and the information already provided to the court.

When it came to informing the court with case law, Ross again said he felt he wasn’t provided with all the appropriate information including similar cases from Nova Scotia courts.

He also expressed surprised at why police did not register MacLean’s blood-alcohol level despite having taken a blood sample.

MacPhee later explained that police did take a sample but the results have yet to be returned from the testing lab.

Ross the case is extremely unsettling as an innocent woman has had her life changed forever.

“This case also speaks to the risks drunk drivers pose to the public. The victim here could have been anyone,” he said.

At the time of the offence, MacLean had already been disqualified from driving earlier this year and was on probation from another drinking and driving offence.