A Newfoundland and Labrador provincial court judge has rejected a four-year prison sentence for a man who has pleaded guilty to impaired driving causing death, saying the sentence would be too lenient.
The Crown and defence representing Rodney Constantine agreed on a four-year sentence in a joint submission, which Crown prosecutor Deidre Badcock said was picked to avoid a trial and further the burden on the family of the victim.
However, on Tuesday Judge Bruce Short said he couldn’t accept the joint submission.
“I put this to counsel: How can four years be adequate in this case?” Short asked. “I am going to give you an opportunity to come back and present the court something that more accurately reflects these circumstances.”
Constantine has pleaded guilty to impaired driving causing the death of Mark Squires.
The incident occurred on Dec. 10, 2023. The court heard that Constantine could have had as many as 15 drinks before getting behind the wheel after a fight with his ex-girlfriend. Squires and his brother, Andrew, got in the car with Constantine.
Constantine was driving erratically, the court heard, and was travelling between 125 and 165 km/h before crashing into a house on Empire Avenue in St. John’s.
‘There’s no peace’ says mother left grieving after sentencing delay for fatal 2023 crash
The court heard through Andrew Squires that his brother was screaming and crying for Constantine to stop the car and let him out. Not long after, the car hit the house, flipped sideways, and a fire broke out.
Squires was pronounced dead at the scene.
Much of Short’s decision to reject the joint submission hinged on the fact police say they saw Constantine driving while suspended in the months after Squires’ death.
Constantine has been banned from driving until 2085, but the court heard on Tuesday that police observed Constantine driving on two separate occasions in June 2024 — around six months after the incident.
Short heard that Constantine was pulled over on June 4, 2024 after intentionally trying to tailgate a vehicle. Police said he was found with just under $5,000 in cash in the car, along with a package of cocaine.
“Mere months after this event, he’s caught twice by the police, firstly violating a heavy prohibition from driving. And even more so, driving in a manner that shows a complete disregard of safety of anyone else on the road,” Short said.
Judge says four-year sentence for impaired driving is too short in rejection of man’s sentencing submission
Short also addressed something he said he didn’t hear in the defence’s submission — steps Constantine is taking to improve himself.
“I suspect there’s a reason why … because he hasn’t taken any,” Short said.
“It’s not about not understanding … It’s about not giving a damn.”
The Crown and defence will now have over a month to come up with a new sentencing submission, which is scheduled to be heard in court on Sept. 17.
Courtroom one at provincial court in St. John’s was standing room only for Tuesday’s proceedings. The two rows of seating were occupied by members of Squires’ family.
Many wore t-shirts and buttons remembering their ‘Markie’, but they had to be flipped inside out in order to be kept on in the courtroom.
Five victim impact statements were read.
Squires’ partner, Celeste England, wrote her life has been turned upside down and she is now raising two young girls on her own.
Squires’ youngest daughter, Saje, was born just 19 days before the incident, she wrote.
England also wrote that Squires was about to propose to her, and told the court the story of how she collected her engagement ring on her own in order for it to be refitted.
Squires’ mother, Seryna Squires, said the lives of her family have been put on hold since the incident. She declined to speak with CBC News after court had concluded, but could be seen openly sobbing when it became clear that Constantine wouldn’t be sentenced on Tuesday.
In her victim impact statement, Seryna Squires spoke of her son’s love for life and his family.
She detailed the last interaction she had with her son. He was getting ready for a Christmas party, she said, and asked her to take a picture of his new outfit. He told her he felt he had truly made it in life, and her last words to him were “I love you too, my son.”
Sentencing was supposed to conclude in June, but was delayed until Tuesday when Constantine got new legal representation.
When proceedings were finished for the day, Seryna Squires could be heard saying she was “heartbroken” while being embraced by her family.
Constantine will be remanded in custody until his next appearance on Sept. 17 — a move that brought gasps and tears of joy to members of the family.
Download our free CBC News app to sign up for push alerts for CBC Newfoundland and Labrador. Sign up for our daily headlines newsletter here. Click here to visit our landing page.
