HALIFAX - Andrea Burnett feels the recommended five-to-six year prison sentence for the woman charged with killing her husband in an impaired driving accident last summer is unjust.
© Metro Halifax/Patrick McKenna
Kyla MacLellan is surrounded by supporters as she leaves Dartmouth provincial court on Wednesday.
âTo me, when someone pleads guilty to a charge thatâs 25 to life, they should have to do a minimum 25 years,â she told reporters, sobbing outside the Dartmouth courtroom Wednesday following an emotional sentencing hearing.
Kyla MacLellan, who is from Lake Echo, was found guilty of impaired driving causing death and impaired driving causing bodily harm, following a head-on collision that killed 55-year-old Mark Burnett near Lawrencetown beach last year. A passenger in the car with the accused was also injured.
During Wednesdayâs hearing, the Crown recommended a five to six year prison sentence for MacLellan, while the defence asked for three to five years given her age and clean criminal record.
The Crown also recommended MacLellan serve an additional three to four years for the injuries sustained by her passenger, Danielle Drake.
In an agreed statement of facts read by the Crown, Drake said MacLellan had driven her home around 4:30 a.m after they had been drinking at a bonfire. She said MacLellan had stayed at her apartment for around an hour, then the pair got back into the car and MacLellan continued driving.
The Crown said MacLellan was found to have blood alcohol level of .08 at the time of the crash, and told the court that an off-duty police officer who witnessed the accident determined she was travelling at a speed excessive of 100 km/h.
At one point in the hearing, MacLellan apologized to the Burnett family before the packed courtroom, saying âI take full responsibility,â and âthere is nothing I can say that makes anything better,â choking back tears.
âI donât believe her. Iâve not seen her (show) remorse at all. Those were crocodile tears, Iâm sorry,â Burnettâs wife said outside court afterwards.
The defence told the courtroom MacLellan deserves a âbalancedâ sentence, that weighs her crime equally with a chance at rehabilitation later in life.
âIt shouldnât matter if sheâs 16 or 99. That should not come into effect âŠ At this point in time, with no tolerance policies, there shouldnât be, âOh, I made a mistake,â Burnett told reporters.
âDoes it mean because sheâs 21 and my husband was 55 that her life was more important?â
Judge Alanna Murphy told the court she needed more time to deliberate and adjourned the sentencing to Sept. 4 at 1:30 p.m.