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 Matthew Junkert, seen at his trial last year, appealed a 5-year sentence for his role in the death of Teresa Callaway. (Dave Thomas, QMI Agency file photo) |
TORONTO - A drunk driver who killed a Richmond Hill mother of four has lost his bid to overturn his conviction and shorten his five-year prison term.
And it seems the judiciary is finally getting the message to treat these cases with the severity they deserve.
In a strong denunciation of impaired driving, the Ontario Court of Appeal dismissed Matthew Junkert's appeal of his 2009 conviction and sentence.
"He took the risk that his driving would endanger other members of the community," the appeals court said in a written judgment released Thursday. "That risk materialized and the consequences were enormous.
"A family has been shattered. Teresa Callaway was killed. Her husband is left without a loving spouse. Her four young children will grow up without their mother. The sentence imposed should reflect the serious consequences that flowed from (Junkert's) decision to drive while impaired."
It's a decision welcomed by Callaway's devastated family.
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"Let this set a precedent that I hope many future cases will follow to get the message out there against drinking and driving," says Callaway's mother, Micheline Cassidy. "This forces him to take responsibility for killing my daughter."
Junkert, then 35, had more than 1.5 times the legal blood alcohol limit when he struck and killed Callaway while she was out on her nightly jog Nov. 29, 2006.
York Regional Police estimated he was doing 90 km/h in a 50 km/h residential area when he mounted the sidewalk, slammed into Callaway, hit a parked car and finally came to rest after knocking down a concrete pole.
Convicted of impaired driving and dangerous driving causing death, Junkert's five-year sentence by Justice Peter Wright was actually one of the stiffest ever handed down by an Ontario court for a motorist with no previous record.
In May, lawyer Alan Gold argued before the three-judge panel at Osgoode Hall that Junkert's punishment was too severe and should have been in the range of just two to three years while his 10-year driving ban should have been cut in half.
The lawyer played down his client's blood alcohol count, questioned whether he was really driving particularly fast and almost seemed to suggest it was Callaway's fault because she was listening to an MP3 player and may have actually been on the road at the time.
But writing on behalf of his judicial colleagues, Justice Dennis O'Connor said the trial judge was correct in finding that Junkert had been travelling at "significant speed" and it was immaterial where exactly the mother was jogging when she was run over.
"While impaired by alcohol, (Junkert) drove through a residential neighbourhood at a high rate of speed in an extremely dangerous manner. The consequence, Ms. Callaway's death, was enormous. Whether (he) struck Ms. Callaway on the road or the sidewalk, this was a very serious offence."
The appeals court agreed Junkert's sentence may be at the "high end" of those given to other first-time offenders, but that reflects a growing demand for tougher punishment.
"In recent years there has been an upward trend in the length of sentences imposed for drinking and driving offences.
"The reasons for this trend can be attributed to society's abhorrence for the often tragic circumstances that result when individuals choose to drink and drive, thereby putting the lives and safety of others at risk," the court ruled.
"The imposition of substantial penalties for drinking and driving offences sends an important message to individuals who are considering driving while their ability is impaired."
Last month, the Ontario Court of Appeal also upheld the stiff four-year prison sentence imposed against former NHL player Rob Ramage, who was convicted of impaired driving in the death of Keith Magnuson.
"This is the second major case," notes Callaway's mother. "This is long overdue."
Junkert makes his next bid at freedom later this month before the parole board at Collin's Bay Penitentiary. "We will be there at each hearing, opposing his release, until his inevitable approval," vows Cassidy.
"Not to sound bitter, but he deserves every single second of that sentence."
michele.mandel@sunmedia.ca