An unlicensed driver who drove drunk causing a deadly collision in Rexdale two years ago has been sentenced to four years in jail and has been given an eight-year driving ban to begin upon her release from custody.
Tara MacMunn wept and hugged her daughters and other family members before the 41-year-old was taken into custody and led out of a downtown courtroom in handcuffs to begin serving her sentence.
Superior Court Justice Katherine Corrick said in handing down her sentence Friday, despite the fact that MacMunn, a single mother to three daughters, is deeply remorseful for her actions, general deterrence and denunciation are paramount sentencing principles in this case.
“The sentence must express society’s condemnation of Ms. MacMunn’s conduct and send a message to others who might be inclined to drink and drive for whatever reason that they will face significant prison sentences if they behaviour causes someone’s death,” Corrick said
Defence lawyer Rachel Litchman suggested a sentence of three years in custody would be fit given for the 41-year-old who has no prior criminal record.
Corrick told court three-years is below the range of sentence for drinking and driving offences that result in death and fails to recognize the significant aggravating factors in this case.
The maximum sentence for impaired driving causing death is life in prison.
MacMunn pleaded guilty to impaired driving causing death in June admitting that on April 18, 2023, around 11:05 p.m., she was operating at 2018 Nissan Altima eastbound on Albion Road near Finch Avenue.
At the time, the road was under heavy construction, traffic was reduced to two lanes and the posted speed limit was 50 km/hr.
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MacMunn who was travelling at a high rate of speed approached the intersection where vehicles were slowing down and hit a 2014 Toyota RAV4 from behind. The impact was so severe, two other vehicles were also impacted.
MacMunn’s vehicle continued into the interaction before striking a concrete barrier and coming to a rest. The driver of the RAV4, Hazeela Baksh, was pronounced dead at the scene.
MacMunn and her passenger were taken to hospital where they were treated for non life-threatening injuries.
A review of MacMunn’s hospital records showed that her blood alcohol level (BAC) was 214 mg of alcohol/100 ml of blood. A sample of MacMunn’s blood was obtained by warrant from the hospital and sent to the Centre of Forensic Sciences.
A toxicology report revealed that MacMunn had a BAC of 210 mg/100 mg of blood at the time the sample was collected. The legal limit is 80 mg/100 ml of blood.
Corrick said aggravating factors included the fact that MacMunn was travelling more than 110 km/hour in a 50 km/hr zone, had a BAC of 214 or 210 mg of alcohol per 100 ml of alcohol or roughly two-and-a-half times the legal limit, and was not a licensed driver.
“She had allowed her driver’s license to expire because she suffers from anxiety and panic attacked and feared that she would suffer an attack while driving,” said Corrick.
Court heard MacMunn is the sole support, financially and emotionally for her three daughters. “She left an abusive marriage and has been divorced since 2013.
“Her two youngest daughters live with her and her eldest is studying at Dalhousing University on a full scholarship,” said Corrick. “As a result of being charged with this offence, Ms. MacMunn lost her full-time employment at a large Canadian bank. She is now employed by an investment services firm.”
Corrick said more than 20 letters of support spoke as MacMunn as a warm and generous person with a strong work ethic. MacMunn was described as a pillar of her community where she is vice president of her co-op board and frequent volunteer at the local school.
Corrick said on the night of the offence, MacMunn was out with a friend when she received a phone call from a former boyfriend who had been harassing her.
“He told her that he was armed with a gun and going to her home. He had previously sent her photos of himself with a gun and had previously appeared at her home armed with a gun. Ms. MacMunn’s daughters were at home. She panicked and without thinking drove her friend’s car to get home quickly,” he said.
Court heard that MacMunn has not consumed alcohol since causing the fatal collision.
Litchman asked the judge to recommend that MacMunn be considered for parole at the earliest opportunity, but Corrick said she felt parole decision are best left to the Parole Board.
The defence also opposed a DNA order which would require MacMunn to provide a sample of her DNA but Corrick rejected that request.
“In my view, requiring Ms. MacMunn to provide a DNA sample is in the best interest of the administration of justice and I so order,” Corrick concluded.
A second charge of dangerous driving causing death was withdrawn at the request of the Crown.
Baksh’s family was not in court for Friday’s sentencing. The 64-year-old was remembered as a thoughtful woman who put others ahead of herself.
On the night of her death, she was returning from mosque where she had gone to break the fast for Ramadan. Her family previously told Global News, they felt a fit sentence for MacMunn, would be one of 10 years in prison.
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