A driver of a heavy vehicle who did not stop after running over a cyclist on Le Plateau-Mont-Royal in 2021 avoids prison time. Judge Pierre E. Labelle sentenced Brandon Marchand-Bibeau to nine months of house arrest.
“He’s a well-integrated young man. […] who has good values, who has no risk of reoffending, who is aware of the harm he has caused. He is not a danger to society, ”concluded the magistrate at the Montreal courthouse on Monday.
Brandon Marchand-Bibeau was found guilty last winter of committing a fatal hit-and-run on September 27, 2021, while fleeing the scene after a fatal collision with a cyclist. The Crown was asking for a prison sentence of nine months.
Conditional sentencing — also known as community jail or home jail — has been available for such a crime since the passage of Bill C-5 in 2022. This major amendment to the Criminal Code opened the door to conditional sentencing for all crimes, with very few exceptions. The Trudeau government aimed to reduce the overrepresentation of black and indigenous people in detention.
Andre Rovere, a 31-year-old foreign student, was mowed down at the intersection of Parc Avenue and Mont-Royal Boulevard. A collision that gave the cyclist no chance. At the wheel of his imposing truck, Brandon Marchand-Bibeau was then turning right on Mont-Royal. According to the judge, the offender could not see the victim because of the configuration of his vehicle. Moreover, he is not accused of having killed the cyclist.
PHOTO SUBMITTED IN EVIDENCE
The victim’s bike abandoned on the road by the accused
Brandon Marchand-Bibeau then stops 300 meters further on hearing a noise coming from his brakes. He then discovers a bicycle stuck under his truck, then decides to throw it on the side of the road. He then resumed his journey without calling for help. A decision that turned out to be criminal.
“The accused did not end up with a trash can or a branch under his truck, but with an object used by a human being. […] The mere presence of the bike required minimally that he try to find the reason for his presence. Whether by turning back or by calling the police, ”concluded the judge last January.
PHOTO SUBMITTED IN EVIDENCE
The truck driven by Brandon Marchand-Bibeau
Brandon Marchand-Bibeau has many mitigating factors, according to the judge, including a low risk of recidivism. His remorse is also “sincere”, believes the magistrate. Thus, the mitigating factors are “more important” than the aggravating factors, ie driving a large vehicle and having committed the crime while working.
As the offender has been deprived of a steering wheel for almost two years, the judge did not impose a driving prohibition period on him. That said, he will be banned from driving for four years anyway under the Highway Safety Code.
Me Sylvie Dulude represented the Director of Criminal and Penal Prosecutions, while Ms.e Franco Montesano defended the accused.