CASE LAW - R v Labbee
The case of R v Labbee involves a pedestrian collision at the intersection of Patten Avenue and Mary Street in Chilliwack. Fourghozaman Firoozian was crossing Mary Street from west to east in the marked crosswalk. A southbound silver-grey pickup failed to stop for her, knocking her down and driving over her. The pickup pulled to the curb and stopped but after the older female driver looked back, she left the scene and did not return.
Ms. Firoozian was killed in the collision.
There were many witnesses to this collision and Margaret McEwen‑Craig was able to provide the licence plate number of the pickup to police. The pickup truck was tracked down on Hope River Road the same afternoon as the accident. Debris at the scene was matched to damage on the truck grille and Ms. Firoozian's DNA was found on the inside tire wall of the driver's side.
Ms. Labbee denied being the driver and suggested that the truck had been stolen.
Madam Justice Brown found Ms. Labbee's evidence to be unreliable and in some parts incredible.
She examined the individual elements of the offence of having control of a vehicle that was involved in an accident with another person and, with the intent to escape civil or criminal liability, failing to stop the vehicle, give her name and address, and offer assistance, knowing that bodily harm was caused to the person, and was reckless as to whether death ensued, and death did ensue. Each was related to the evidence in this case and Ms. Labbee was convicted.
Ms. Labbee was sentenced to a jail term of two years less one day and prohibited from driving for four years. She was also subject to a no contact order involving seven of the witnesses in the trial.