Oct 22, 2019 -- 10:54PM, Mikael D'Haguenet wrote:
I disagree strongly, detraveller. Firstly, I have pretty much zero tolerance where drinking and driving is concerned. Secondly, the maximum sentence as it is is 14 years. If that's all the law says he can be sentenced to, that's what I'd have given him.
Max penalty is 14 years correct. Lets say he's sentenced to 14(I would say all aggravating factors are accounted for when you use the max sentence. So this renders his previous offenses useless for sentencing)
Now consider mitigating factors.
Admission: Yes
Remorse: Yes(written note)
Let's ignore the mitigating factors. So 14 years prison sentence.
Seeing as he plead guilty two months after incident, he gets a one-third reduction for a guilty plea at first hearing. Even if this wasn't the first hearing, it definitely was the early stages, so he gets a quarter reduction. This brings his sentence down to 10.5 years(9.24 years if this was the first hearing).
Now add the mitigating factors, a judge who definitely knows more about the law than me and a lawyer whose sole job was to reduce the sentence, I would say 8 years 4 months makes sense. And is no way as outrageous as some posters are saying.
It is a completely different argument ifyou think the sentencing guidelines themselves are too lenient.