REGINA – Sentencing began this morning regarding a 2019 case where a man died after being hit by a van.
Lawyers presented their arguments in Regina’s Court of King’s Bench where Leah Nicole Pratt is accused of causing the death of Nolan Sugar on the Piapot First Nation. Pratt faces three charges: dangerous driving causing death, criminal negligence causing death, and a breach of probation.
According to facts presented by Crown prosecutor Mitch Miller, Pratt noticed her home was broken into on Aug. 24, 2019 with some items stolen. She attended a neighbouring residence, later being described as “agitated and irritated.”
“She was mad,” said Miller during his submissions. “Ms. Pratt was mad.”
Upon leaving the residence, Pratt noticed a group of children playing and asked if they knew of anyone going into her house. One of the children disclosed seeing someone, naming Sugar.
Miller noted from statements that Pratt knew the deceased and was concerned about getting her items - including desperately required medication - returned. From another witness, Pratt was observed driving erratically, at one point allegedly “doing donuts” at an intersection.
Miller argued for moral culpability in seeking a manslaughter charge in the case, noting that while the entire incident from the break-in to Sugar’s death was an estimated 21 minutes, Pratt had time to make different decisions.
Upon confronting Sugar, she followed him in a vehicle, and an interaction ensued between the two. At one point, Sugar allegedly stood in front of the van, then backed up as Pratt slowly nudged forward. When the action was repeated, the vehicle lurched ahead - running over the man.
“The reflects an element of vigilantism and taking the law into her own hands,” Miller said. “I think Ms. Pratt’s choices elevate this to manslaughter.”
Miller also pointed out Pratt’s previous offences in her criminal record, noting the accused “does not come to this court with clean hands,” in reference to prior convictions.
In terms of sentencing on manslaughter, Miller suggested a term of incarceration between four and five years, with a 10-year driving prohibition and ancillary orders (firearms and DNA), He also called for a prohibition from communicating with the Sugar family while in custody.
Defense lawyer Greg Wilson argued that Pratt ought to be sentenced for criminal negligence causing death as opposed to manslaughter, disagreeing with Miller’s assessment of vigilantism as “this was never a theme at trial.”
“Vigilantism suggests there’s intent to harm him,” Wilson said during his submissions. “She was trying to get property back, not harm Mr. Sugar.”
Wilson also disagreed with claims that his client was driving erratically or trying to run over Sugar, rather to follow the man in order to keep tabs of his location until police arrived. As Wilson noted, while Pratt was following Sugar, he became upset at the fact she was following him and walked toward the van.
“In terms of her culpability, I would suggest it is on the lower end,” Wilson said, adding that the event was “more of an accident.” Confirmed by a re-constructionist, Pratt was travelling an estimated 10-15 km/hr in the low-speed impact.
“This was a situation that simply got out of hand in a very short period of time,” Wilson said, adding that up to the point of Sugar being hit, Pratt was acting lawfully.
“She was entitled to get her property back from Mr. Sugar,” Wilson said. “She did not engage in any sort of physical confrontation with him. She asked for her property back - this was all perfectly lawful.”
Wilson also stressed that Pratt did not leave the scene, even describing holding Sugar’s hand and asking him to pray with her at the scene.
“Ms. Pratt has shown so much remorse,” Wilson said.
Defence counsel proposed a conditional sentence order between 12 and 18 months in length, with the first two-thirds of that sentence including a 24-hour curfew, then reduced for the remainder of the time. Conditions would include abstaining from alcohol and non-prescription drugs, and attending various counselling programs. The CSO would then be followed by an 18 to 24-month probation.
Wilson noted Pratt is not a risk in the community, and has not breached her conditions since being released in 2019.
Rather than adjourn for a long period of time to hand down a decision, and taking into account the number of family members in the gallery who travelled a great distance, Justice Michael Tochor decided to deliver an oral decision today.
That decision will be updated when Justice Tochor reconvenes court later this afternoon.
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