Regina v. Nusrat (2009), 239 C.C.C. (3d) 309 (Ont. C.A.

Image Credit: S. Singh. NRI Internet.com (2009).

On June 3, 2008, a judge in Barrie, Ontario, sentenced Nauman Nusrat, 20, to two years of house arrest on top of the 11 months he had served in jail since his arrest. He had to stay in his home, except to go to school, work, medical appointments, or shopping on Saturdays. He pleaded guilty to street racing causing death, which carries a maximum sentence of life imprisonment. Nusrat was the first to be charged under new sentencing guidelines for street racing. He also received a lifetime driving prohibition, two years of probation, $1250 in fines for driving without insurance and having a forged insurance document, and 140 hours of community service. The Court heard that Nusrats car reached speeds of 170 kilometres per hour as he raced against two friends, until his car struck the tire of David Virgoes tractor-trailer, causing the truck to swerve and crash. Virgoe was killed instantly. In his sentencing, Judge Regis called Mr. Virgoe a hero, saying if he had not cranked his steering wheel to veer into the ditch, he would have headed into traffic. He noted that the victims death had had a dramatic effect on his loving family. A husband and dad has been stolen from them. But the justice system is not capable of taking away that pain. Sentencing principles are not about taking revenge...the rules of sentencing state that a person should not be deprived of his liberty if there is a less restrictive sentence available.

References Singh, S. NRI Internet.com (2009). Nauman-Nusrat. [Photograph]. Retrieved from http://nriinternet.com/NRI_Accidents/Canada/A_Z/B/Ravi_Badhwa/