In a downtown courtroom Thursday, the mother of Roshayin Kesavin began sobbing and reaching for her 23-year-old son as he was handcuffed and led away to begin serving a five-year penitentiary sentence.
Kesavan, who had been out on bail with conditions including that he not drive, was convicted in April of impaired driving causing the death of his friend, 19-year-old Adhavan Shurenthiran.
Assistant Crown Attorney Rob Fried asked Superior Court Justice Nancy J. Spies to impose a five-year sentence, while defence lawyer Diran Tutunjuan suggested it was open to the court to impose a conditional sentence and probation.
Spies said that, despite all the mitigating factors, including that Kesavan is a youthful first-time offender, denunciation and deterrence must be prioritized, given the devastating impact of this case and the death of Kesavan’s friend.
“He will have to live with the fact his irresponsible actions of drinking and driving resulted in the death of his best friend, someone he considered a brother,” Spies told the court.
“Such conduct is not acceptable and will result in serious consequences. The range for offences of this nature have been increasing over time.
“He made a deliberate and conscious decision to consume an excessive amount of alcohol and get behind the wheel of his sister’s car with two of his best friends. He put himself, his passengers and others in danger.”
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It was Nov. 23, 2022, around 3:00 a.m., when Kesavan lost control of the Jaguar he was driving on Steeles Avenue East near Sewells Road. Kesavan and Shurenthiran were thrown from the vehicle. Police body camera video showed Kesavan lying in a ditch some distance from the vehicle after the collision. Shurenthiran was trapped under the Jaguar, where he would later die.
Another passenger named Kajeevan Nithiyananthan testified that he was the driver that night. “Clearly, the jury rejected that testimony,” said Spies.
At trial, it was admitted that Kesavan’s blood alcohol concentration (BAC) exceeded 80 mg/100 ml of blood. “For the purpose of sentencing, his BAC was at least 175 mg of alcohol in 100 ml of blood,” Spies told court.
“Based on the damage to the vehicle, it is clear this was a very violent collision and he must have been going considerably faster than the speed limit of 60 km/h,” the judge continued.
The Crown has withdrawn a second count of dangerous driving causing death.
The judge noted that the authors of his pre-sentence report found that Kesavan, who has recently earned a bachelor’s degree in business administration at the University of Toronto, reported being regretful because his role with his group of friends was being the responsible one.
“He also reported frequently feeling lost and asking himself ‘what ifs.’ He stated the hardest aspect to cope with was the loss of his best friend,” Spies said.
Despite Kesavan saying he will carry the grief of Shurenthiran’s death for the rest of his life, the judge found he has not expressed remorse for his actions nor accepted responsibility for being the driver of the Jaguar.
“I find that Roshayin Kesavan has not taken any responsibility or any remorse for drinking and driving the Jaguar at the time of the collision that killed Adhavan,” said Spies.
The judge also imposed a three-year driving ban on Kesavan to commence upon his release from prison. She noted that he has already been prohibited from driving for two-and-a-half years while awaiting sentencing.
“I know this will seem like a harsh sentence. It is a harsh sentence,” Spies told Kesavan as he was about to be led away to begin serving his sentence. “It’s in keeping with other cases that have been sent to me with similar facts.”
Spies urged Kesavan to take advantage of the programs while incarcerated and said she hoped he would be motivated to find a career upon his release.
“I do wish you well.”
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