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Tracy Dawn Smith Breach of Probation Court Date Monday in Surrey

6K views 22 replies 10 participants last post by  bandito 
#1 ·
Tracy Dawn Smith – Breach of Probation Court Date



Date: March 4th, 2013

Time: 9:30am

Room: 301

Where: Surrey Provincial Court House –

14340 - 57 Avenue

Surrey, B.C. V3X 1B2



Please try to come out and show support for our fellow rider. For more information please read article from the Times Colonist below.





One day in jail not enough for woman who killed motorcyclist, court told –

Louise Dickson / Times Colonist



The one-day jail sentence for an impaired driver who killed a motorcyclist on the Trans Canada Highway on Canada Day 2011 is unfit and does not contribute to respect for the law, the Crown argued Wednesday in the B.C. Court of Appeal.

Members of local motorcycle groups filled the courtroom as prosecutor Mary Ainslie asked the appeal court to impose a longer jail sentence on Tracy Dawn Smith, who pleaded guilty last year to impaired driving causing the death of Jana Mahenthiran.

At Smith’s sentencing hearing on Dec. 6, 2012, Judge Robert Higinbotham imposed the shortest jail sentence with the longest possible probation period of three years. He ordered Smith to continue treatment with the VisionQuest Recovery Society at Harte House in Surrey, where she had essentially been under house arrest since the crash.

Mahenthiran, 47, an information technologist for Maximus Canada, died when Smith’s car crossed the centre line of the highway and hit him head-on. According to police and witnesses, Smith was in a rage, intoxicated and hostile. She blamed the crash on Mahenthiran.

Ainslie asked the court to intervene and impose a two-year sentence followed by three years probation. Higinbotham erred by putting too much emphasis on Smith’s recovery and rehabilitation and not enough emphasis on the pressing need to denounce Smith for drunk driving, Ainslie said.

Higinbotham did not consider Smith was seriously impaired, high on cocaine, her driving egregious and that she blamed the victim, saying he had driven into her, said Ainslie.

“She acknowledged at the scene she shouldn’t have been driving,” said Ainslie.

In 2000, Parliament increased the maximum sentence for impaired driving causing death to life in prison, which shows how seriously Canadians take this offense, said the prosecutor. Conditional sentences for this offence are also no longer available.

“What we have in this case is a significant step backwards — a sentence that is just too lenient,” said Ainslie.

In his decision, Higinbotham said sentencing Smith to prison would render her progress meaningless. He believed society was best protected if Smith continued as a ward of Vision Quest, not a prison inmate.

Ainslie disagreed. Smith’s crime requires a period of imprisonment, she said, suggesting Smith can continue her recovery in jail.

Although she acknowledged Smith’s tragic background of drug and alcohol problems, mental illness and physical and sexual abuse, it is no excuse, said the prosecutor.

“She knew she shouldn’t have been driving.”

Smith’s defence lawyer Mark Berry told the appeal court that Higinbotham considered the appropriate laws and the appropriate sentencing principles.

“He was well aware of the normal range of two to six years in prison for this offence,” said Berry.

Sentencing is an individual process. Higinbotham balanced what was appropriate for Smith and appropriate for society to achieve a fit sentence, said Berry. The criminal code states that an offender should not be deprived of liberty, if less restrictive sanctions are appropriate.

Until last week, Smith had complied with all her bail conditions. She is now charged with two breaches of probation and will appear in Surrey provincial court March 4. The alleged breaches involve house rules and are not allegations of alcohol or drug use, said Berry.

“We can’t understate the import of what she is doing,” he said. “This is not simply the issue of drug addiction, not just getting someone off drugs, but teaching someone how to live like a normal person.”

For the first time in her life, Smith is stable, said Berry, who is concerned a jail sentence will hurt her recovery.

“There were a lot of invisible hands on the steering wheel that day. Tracy Smith was raised with every type of abuse. This woman did not stand a chance from day one,” he said.

Outside court, Mahenthiran’s friend Bobbi Bjornholt said she was feeling hopeful a longer sentence might be imposed.

“I think the Crown has a pretty valid argument and I’m hoping that the judges see that too,” she said.

Adele Tompkins, executive director of the B.C. Coalition of Motorcyclists, said she was outraged by Smith’s one-day sentence.

“The unjust sentence was more than we could bear,” said Tompkins. “Recently, the fellow who tripped two kids on the ice got 15 days in jail, and this woman gets one day in jail. There’s something really wrong with that.”

Steve Smith of Solo Independent Riders was blunt.

“I’m here for support for the family,” said Smith, as he climbed on his rumbling motorcycle. “The accident that took place is horrific and the sentence she has received is appalling.”

Motorcyclist Kim Dupont, who once rode with Mahenthiran, said he was disgusted the court used mental health disorders and aboriginal status as an excuse.

“We’re teaching kids there are no consequences for their behaviours,” said Dupont.

The appeal court has reserved its decision.
 
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#4 ·
“There were a lot of invisible hands on the steering wheel that day. Tracy Smith was raised with every type of abuse. This woman did not stand a chance from day one,” he said.

What a crock. The only hands on that wheel were hers and she chose to drive, knowing she was impaired. She had all sorts of chances and she chose to ignore them. I believe that she was prohibited from driving at the time of the crash anyway?
 
#8 ·
I love how in the court room the brought up the race card, then the daddy abused me card, like that has anything to do with Murder. Plenty of people native that were abused that don't kill people out there.

Judge Bozo the Clown or whatever that dipshits name is should be on trial for taking hits off Tracys Meth pipe, what a fucking idiot. Wonder how much he made off that bribe? No way a judge can be that stupid.
 
#11 ·
Jeepers - down in the states they throw people into prison for the mere posession of a half a 'joint' .... up here, you can do what she did, and still only get a 'slap on the wrist'

I mean shit, get caught going over 40 over even way out in the boonies, where one is a danger to naught but oneself ... and your vehicle gets impounded ... and yet look at what this c__t gets away with ...



Where is the justice? Where is the sanity?
 
#18 ·
First off thanks to the 17 brave souls who attended, it was cold, most had only taken an hour off work to be there for the beginning which I was glad of as it got held over till Wednesday 9:30 am Surrey Courthouse Room 101.

Spoke with Crown Council and it is one breach of probation (I have heard it was 2 but no), Miss Smith has been in custody for 11 days so far so by Wednesday I imagine it will end up as time served. Where it will get interesting is if Vision Quest will take her back, apparently the breach was over her not following house rules but nothing such as breaking curfew or drinking nor drugs.

It is too bad as such short notice does not end up with a good turn out but we will try our best to let everyone know.
 
#19 ·
Interesting turn of events at the breach of probation hearing for Tracy Smith today. Talked to Crown at the break and he assured me that she would be up before lunch and it would take 5 mins. NOT! Crown did the history the Judge first wanted to know why this did not go back to Higginbotham to which Crown replied that after speaking with him and Crown in Victoria they decided it was OK for the case to be heard by another judge in Surrey. The judge said she wanted Higginbothams decision and Tracy's phsyc report to read over before she would give a decision. Not a slam dunk at all. Will back in at 2. I'll keep you posted!
 
#20 ·
Just out of court but here is the short of it. As the Crown and her lawyer had agreed to 14 day justice Lytwyn did not want to interfere so agreed to the 14 days served. In addition because of her self mutilation and tantrums the judge osentenced her to two years probation
 
#22 ·
Just noticed everything I wrote did not post so here it is: Just out of court but here is the short of it. As the Crown and her lawyer had agreed to 14 day Justice Lytwyn did not want to interfere so agreed to the 14 days served. In addition, because of her self mutilation and tantrums, the judge wrote new orders for her to seek mental help and attached two years probation to it. Working on an IPhone sucks.
 
#23 ·
I predict we'll be reading more about this woman, be it after a jail sentence or time in rehab. Even if the sentence is overturned... what's she going to get? 1 year? 2 years? She won't get 3 years.... you have to kill 3 people to get that apparently.
 
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