The Crown will not challenge former RCMP officer Benjamin (Monty) Robinson's sentence for obstruction of justice.
Robinson received a 12-month conditional sentence, including one month's house arrest in July. He was found guilty of obstruction after admitting he went home and drank two vodka shots before returning to the scene of a fatal crash involving his vehicle and a motorcycle in 2008.
Robinson's sentence was criticized by the public because he didn't receive any jail time. However, his sentence will not be appealed, the B.C. Criminal Justice Branch announced Friday.
In a press release, the Crown's office explained that it cannot identify an "error of law" that would justify an appeal.
"A court hearing an appeal cannot substitute its opinion for that of the trial judge simply because it might have taken a different approach. Unless the Crown can show that the sentence was 'demonstrably unfit,' the appeal court will not interfere with the judge’s ruling and impose something different."
It added: "The fact that a sentence is different from what the Crown asked for does not mean that it was “demonstrably unfit.”
Orion Hutchinson, 21, who was riding the motorcycle died at the scene in Delta. The B.C. Coroners Service found that alcohol consumption by both drivers contributed to the crash.
The original trial judge found Robinson used his RCMP training to hide the fact he had drank five beers before the crash and then lied to police officers at the scene about how much he had.
Robinson later quit the RCMP.
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