May 15, 2014 - CALGARY LAWYER APPEALS SENTENCE OF KILLER DRUNK DRIVER RYAN GIBSON IN DEATH OF COCHRANE TEEN BRANDON THOMAS


The decision by a Calgary judge to reject a joint submission in the drunk-driving death of a Cochrane teen has been appealed.

Defence counsel Alain Hepner filed his Notice of Appeal Thursday, asking that the decision of provincial court Judge Karim Jivraj be overturned.

Hepner’s appeal only lists one ground, but keeps the option of raising other arguments open.

“The learned trial judge erred in rejecting a true joint submission,” says his document, filed at the Alberta Court of Appeal office in Calgary.

On Monday, Jivraj rejected the joint submission of Hepner and Crown prosecutor Ron Simenik for a two-year sentence for Ryan Jordan Gibson.

Instead, Jivraj sentenced Gibson to 32 months behind bars for the Dec. 6, 2012 death of Brandon Thomas.

Kim Thomas, the dead teen’s mother, applauded the judge’s decision to hand Gibson a harsher term, although she said it was still not enough.

Simenik had suggested a two-year term, which is at the bottom end of the normal range in cases of impaired driving causing death, in part because of evidentiary problems in the Crown’s case.

Simenik had said the plea deal had Gibson agree to facts the prosecution may not have been able to prove had the case gone to trial.

But Jivraj said the facts placed before him were too egregious for him to impose the minimum end of the sentencing range.

“I have come to the conclusion that a sentence at the bottom end of the range ... would not adequately address the aggravating factors,” he said.

Source: The Calgary Sun


 

Last updated on: 2014-05-20 | Link to this post