Dresden, Ont. woman sentenced to 5 years in prison for impaired driving collision that killed friend
A judge has handed down his sentence in the case of a Dresden woman who was convicted in an impaired driving crash that killed her friend nearly three years ago.
Arielle Wall, 22, was previously convicted of impaired driving causing death and for operating a vehicle with more than 80 milligrams of alcohol in 100 milliliters of blood.
Her friend, Gabrielle Emery, 19, died after Wall lost control of her car and it left the roadway on Longwoods Road near Louisville on April 12, 2021 before “colliding violently” with a tree.
“It is an entirely avoidable tragedy,” Justice Russell Raikes said while reading his sentence Tuesday, which took nearly 40 minutes.
“Miss Wall suffered injuries from the collision for which she continues to receive care. She is lucky to be alive,” the judge said. “Miss Emery was not so lucky.”
According to the judge, Emery died at the scene while Wall suffered a concussion.
Raikes said Wall took an “unnecessary and selfish gamble” that night when she chose to drive home.
“When a person gets behind the wheel of a vehicle after consuming alcohol, they are playing Russian roulette with their life, the lives of their passengers and the lives of others on the road or near the road,” he said.
Mitigating vs. aggravating factors
The judge weighed the pros and cons in the case when deciding on his sentence.
Mitigating factors included Wall’s young age, being a first time offender, having a supportive family, not consuming alcohol since the accident, seeking counselling, and suffering the shame of her actions.
Aggravating factors include the victim in the case being just 19 years old and her death having a “profound impact” on the Emery family.
“Her [Emery] life was one of untapped potential that will never be realized thus the gravity of the offence is very high,” the judge said.
“She [Wall] chose to get behind the wheel of a car and drive knowing she had been drinking,” Raikes said. “She presumably knew that impaired driving was a serious criminal offence. She drove anyway.”
The judge noted Wall’s lack of intent to cause a collision and her friend’s death not diminishing the offender’s “moral blameworthiness.”
House arrest vs. incarceration
The Crown attorney asked for a sentence of six years, which the judge acknowledged was in line with the “upward trend” of higher sentences for impaired driving in Canada since 2010.
Much of the judge’s decision considered the defence request for a sentence of house arrest, also known as a conditional sentence.
Raikes said it was only an option, if he believed a sentence of two years less a day was appropriate given the circumstances of the offence, the situation of the offender and the community’s need for safety.
However, Wall’s mitigating factors were outweighed by the loss of life in what is a preventable death.
“In my view a sentence of less than two years will not adequately address denunciation and deterrence,” the judge said. “A sentence of imprisonment greater than two years, sends a message to those like the defendant — people who are ordinarily law-abiding — that drinking and driving carries significant penal consequences,” Raikes said.
As Wall was led away in handcuffs Tuesday she was crying, as were the family members with her.
Outside of court, members of the Emery family were also emotional but said they were happy with the sentence.
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