A woman convicted in the death of a motorcyclist and his daughter who crashed into her car when she stopped to help a family of ducks will be sentenced on December 18.
The decision to delay sentencing was made after a sentencing hearing that lasted more than two hours. The prosecution requested nine months of jail time, 240 hours of community service, and a five-year licence suspension for Emma Czornobaj.
The defence requested that Czornobaj receive a suspended sentence, probation and 240 hours of community service.
In June, a jury found Czornobaj guilty of two counts each of criminal negligence causing death and dangerous driving causing death in connection with the fatal accident.
During her trial, court heard that on June 27, 2010, Czornobaj had stopped her car on Highway 30 in Candiac, south of Montreal, to help a group of ducklings on the roadway.
Andre Roy was riding his motorcycle with his daughter Jessie on the back when he slammed into Czornobaj’s car. Roy died at the scene, while his 16-year-old daughter died later in hospital.
Roy’s wife, Pauline Volikakis, was riding her own motorcycle and also crashed into Czornobaj’s car. She suffered serious injuries.
During court proceedings in August, the defence had argued that Czornobaj did not have any criminal intent when she stopped her car.
At that time, a Quebec judge ruled that Czornobaj could appeal her convictions. Defence lawyer Marc Labelle said he wanted the Quebec Court of Appeal to review instances where, under Canadian law, a person who was not acting with criminal intent is convicted of a criminal offence.
