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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Key Measures In Tory Crime Bill
The bill, known as the Safe Streets and Communities Act, includes the following measures: <em>With files from The Canadian Press</em> (CP/Alamy)
Child Sex Offences
Heftier penalties for sexual offences against children. The bill also creates two new offences aimed at conduct that could facilitate or enable the commission of a sexual offence against a child. (MANAN VATSYAYANA/AFP/Getty Images)
Tougher sentences for the production and possession of illicit drugs for the purposes of trafficking. (NICOLAS ASFOURI/AFP/Getty Images)
Violent And Young Offenders
Tougher penalties for violent and repeat young offenders. (JOHN MACDOUGALL/AFP/Getty Images)
An end to the use of conditional sentences, or house arrest, for serious and violent crimes (GEOFF ROBINS/AFP/Getty Images)
Allowing victims to participate in parole hearings. (THE CANADIAN PRESS/Adrian Wyld)
Extending ineligibility periods for applications for pardons to five years from three for summary-conviction offences and to 10 years from five for indictable offences. (Flickr: haven't the slightest)
Transferring Canadian Offenders
Expanding the criteria that the public safety minister can consider when deciding whether to allow the transfer of a Canadian offender back to Canada to serve a sentence. (JOEL ROBINE/AFP/Getty Images)
Allowing terrorism victims to sue terrorists and their supporters, including listed foreign states, for losses or damages resulting from an act of terrorism committed anywhere in the world.(STRDEL/AFP/Getty Images)
Measures to prevent human trafficking and exploitation. (LOUISA GOULIAMAKI/AFP/Getty Images)