Young woman faces sentencing for crash that killed friend

A Manitoba woman behind the wheel of a "serious and violent" crash that killed a friend has been convicted of impaired and dangerous driving causing his death.

Kendra Stuart was 19 when she crashed a Honda Civic on Henderson Highway north of Winnipeg just after 4 a.m. on Oct. 5, 2013.

James Hayes, 20, was in the back seat and died at the scene.

Police and paramedics found the car lying on its passenger side with its wheels in the air, the wreck wedged between two trees.

Stuart fought her charges at trial but lost.

Court of Queen's Bench Justice Candace Grammond found she was travelling at least 99 km/h in an area with a 70 km/h speed limit. The road conditions were "normal" and visibility was good, she said in a written decision released this week.

Stuart drove off the two-lane roadway after coming around a curve, the judge found.

She failed to take her foot off the gas, hit the brakes and correct the car's path before making an "erratic attempt" to get back up on the road at the last second, Grammond said.

No seatbelts used 

The vehicle vaulted in the air, landing nearly 60 metres from where it left the ground.

None of the three people in the Honda were wearing seatbelts, Grammond said. The third occupant, a woman, suffered minor injuries, RCMP said.

Stuart told a paramedic and an RCMP officer at the scene she'd swerved to miss hitting an animal, but Grammond said there was no evidence to back up that claim.

The only rational inference that can be drawn is that the accused's ability to drive was impaired at the material time.- Justice Candace Grammond

"(Stuart's) manner of driving was dangerous when the collision occurred, viewed objectively, particularly given the nature and use of the roadway, despite the low traffic levels and good road conditions," Grammond wrote.

Stuart admitted she'd had two rum drinks prior to driving, but no evidence was presented as to precisely when she drank them or how much alcohol was in them.

The surviving passenger and others with Stuart before she drove "were not cooperative with the investigation," police evidence showed, according to Grammond.

The Crown's other evidence about her impairment was entirely circumstantial, Grammond said.

Paramedics didn't notice smell of alcohol 

Court heard conflicting testimony from police and paramedics about Stuart smelling of booze in their interactions with her at the scene, hospital and police station.

Neither of two paramedics said they noticed any smell of liquor coming from Stuart.

But the RCMP officer who went with her by ambulance to the hospital and later dealt with her at the RCMP detachment noted she was "intoxicated" even though her speech was understandable and she didn't seem to have trouble walking.

"I accept that the level of a person's impairment is not correlated to the strength of the smell of alcohol emanating from the person," Grammond said. But, she noted, citing case law, "but I do accept that 'the physical effects of the consumption of alcoholic beverages are transitory and the extent and strength of the indicia of consumption will diminish over time."

"Accordingly, the fact that strong odour of alcohol emanated from the accused for several hours is noteworthy," Grammond said.

Individual bits of evidence relating to signs of her impairment could be explained by other causes if seen in isolation, Grammond noted.

But, the judge said, adding all the evidence up together proved Stuart was too impaired to drive.

"After consideration of all the evidence, however, and in taking all of the factors together, the only rational inference that can be drawn is that the accused's ability to drive was impaired at the material time."

Sentencing is slated for Nov. 17. The maximum sentence for impaired driving causing death is life in prison. Dangerous driving causing death carries a maximum penalty of 14 years behind bars.