**Sentencing delayed for New Brunswick man in fatal 2023 crash case**
A 31-year-old Grande-Digue man is scheduled to be sentenced on September 25 for refusing to provide a breath sample following a fatal 2023 collision in southeastern New Brunswick.
Danny Roy, who currently resides in Colombia, appeared via telephone in the Court of King’s Bench in Moncton this week to request an adjournment of his sentencing hearing, which had been set for September 3. His defense counsel, Daniel Gallant, stated that Roy required additional time to settle business affairs in Colombia before returning to Canada.
Justice Maya Hamou granted the request, noting that while she had concerns regarding the offender’s location outside of the country, Roy has consistently appeared for court proceedings via video and telephone.
In March, Roy pleaded guilty to refusing to provide a breath sample to an RCMP officer on February 18, 2023, knowing or being reckless as to whether he had been involved in a collision resulting in death. A more serious charge of impaired driving causing the death of 60-year-old Juliette Boudreau-Leger was previously withdrawn by the Crown.
During the hearing, prosecutor Mickael Chiasson and defense counsel Gallant indicated they will present a joint sentencing recommendation of an 18-month conditional sentence. The proposed sentence includes a period of house arrest for the first third of the term, followed by a curfew. Gallant stated that Roy intends to serve the sentence while staying with family in New Brunswick before potentially transferring the order to the Montreal area.
The court heard that the collision occurred on February 18, 2023, on Route 15 in Grand-Barachois. The incident involved three vehicles: a Dodge Ram driven by Roy, a Kia driven by Boudreau-Leger, and a Mazda 3. Boudreau-Leger was pronounced dead at the scene, while other individuals involved sustained minor injuries.
According to the Crown, an RCMP officer at the scene requested a breath sample after observing that Roy had bloodshot eyes and detecting the smell of alcohol. Roy refused the demand, insisting on speaking with a lawyer first. The officer informed Roy that the refusal carried the same legal consequences as impaired driving, but Roy maintained his refusal and was subsequently arrested.
The Crown noted that there was no evidence of poor driving leading up to the collision, and court records indicate that road conditions were slippery at the time. Additionally, the prosecutor stated there was no evidence observed during police interactions to confirm Roy was impaired. Roy had no prior criminal record.
Article and image source: tj.news
