Hamilton man sentenced in fatal pedestrian crash

A Hamilton man has been sentenced to 45 days in jail and a fouryear driver’s licence suspension for hitting a mother and son with his motorcycle, leading to the death of the 68-year-old man and serious injuries to his 89-year-old mother.

Last May, Scott Watson was found guilty of careless driving causing death and careless driving in connection with the Dec. 28, 2019 crash on Mohawk Road East. Under the Highway Traffic Act, careless driving causing death or bodily harm is punishable up to two years in jail. It differs from the more serious dangerous driving charges which fall under the Criminal Code.

“In my view, Mr. Watson’s driving behaviour fell woefully short of what is expected of a careful driver paying attention,” justice of the peace Donald Dudar said in his

Jan. 31 decision. “And, it had tragic consequences.”

Berkley (James) Wood, 68, was walking home with his 89-year-old mother from a trip to Food Basics when the pair were struck on Mohawk near Upper Gage Avenue around 5:30 p.m. They were crossing in an uncontrolled area in the middle of the road and both used walkers.

During the trial, court heard from several witnesses that Watson, who was driving a Harley-Davidson motorcycle, revved his engine at the intersection and departed the stop line on Mohawk at a high rate of speed.

Watson told the court that he was driving carefully and that the mother and son wore dark clothing making them difficult to see. His comments were suggestive of “victim blaming,” Dudar said. The court found he was driving above the 50kilometre-an-hour speed limit.

In his decision, the justice of the peace noted that a passenger in another vehicle that departed the stop line on Mohawk at the same time saw the pedestrians and “experienced the shock of anticipating” the collision.

“Mr. Watson was unable to provide any compelling explanation as to how he failed to note these clearly visible pedestrians,” Dudar found.

Before the crash Watson worked as a truck driver. He had a dated criminal record, including being convicted of impaired driving in 1995. There was no evidence he was impaired at the time of this crash. The court, however, suggested he had a “cavalier attitude” about alcohol and marijuana use during his career as a truck driver.

He continues to suffer from injuries as a result of the crash, including an issue related to breathing. He cannot drive because of these medical issues.

Defence counsel had asked the court for a driving suspension, but no jail time, in part because of Watson’s health issues. The Crown sought 60 to 90 days in jail, along with a driver’s licence suspension for up to two years.

During sentencing submissions last year, court heard victim impact statements from the family whose lives are “irrevocably and dramatically altered.” Court heard Watson expressed some remorse that someone died and another person was seriously hurt to the author of a pre-sentence report. However, Watson did not express remorse in court or to the family of the victims.

Dudar found the consequences of the crash called for a significant penalty. He said a longer driver’s licence suspension of four years was necessary so that it would be in place beyond the time when Watson’s health is anticipated to improve enough to be capable of driving again.

At the request of defence, Watson will not start his 45-day sentence until March 1.

Court heard Watson expressed some remorse that someone died and another person was seriously hurt to the author of a pre-sentence report