‘Lost soul’ jailed for fleeing scene of crash
Leo Thomas Hartt, 41, of Swan Creek, was banned from driving when he crashed into a car last summer and took off on foot
Granting a Swan Creek man’s request to serve a jail sentence in the community for fleeing an accident scene on foot would be contrary to the public interest, a judge ruled Monday.
Leo Thomas Hartt, 41, of Route 102 in Swan Creek, near Burton, was before the Fredericton provincial court last week for a sentencing hearing for crimes of leaving the scene of an accident, driving while prohibited by a court order and taking a vehicle without the owner’s permission.
The Crown sought a jail term of 14 months, while the defence asked the court to grant a conditional sentence, to be served in the community under such terms as house arrest or a curfew.
Judge Cameron Gunn set his decision on sentence to Monday so the lawyers could provide case law in support of their positions and so he could consider those precedents.
On March 20, court heard Hartt had taken his father’s black Toyota Tacoma pickup truck the number of July 16, drove at a high rate of speed down Route 102 and smashed into a small Nissan Pulsar.
Two brothers were in the Pulsar, and one was trapped as a result of the accident. Firefighters had to use the Jaws of Life to free that victim, who was taken to hospital and treated for soft-tissue injuries.
Meanwhile, court heard, Hartt fled the scene on foot after the crash, but turned himself in later.
Gunn said Monday the prosecution and defence both provided precedents that were in line with their positions on sentence, but when he considered the specific circumstances in Hartt’s case, he saw numerous aggravating factors the court needed to address.
The judge said Hartt has a serious alcohol problem, and he noted there are ongoing family situations that are causing stress.
“Your mother says you’re a lost soul,” Gunn said.
While the injuries sustained in the collision weren’t lasting, he said, there was harm done to the victims.
Also of concern, Gunn said, was the fact that Hartt left injured parties behind only because he heard voices coming from the car.
There were mitigating factors to consider - such as Hartt’s guilty pleas, the fact he turned himself in, and expressions of remorse and responsibility - but the aggravating factors indicate a conditional sentence wouldn’t be appropriate in the case, the judge said.
He imposed an 11-month jail term, to be followed by 12 months of probation, during which Hartt is to attend any assessments and counselling programs as directed by his probation officer.
The court also prohibited Hartt from driving for another two years following his release from jail.
Gunn told Hartt this was an opportunity for him to deal with his issues and turn his life around in a more positive direction.
Don MacPherson can be contacted at ftonindependent@gmail.com.