Finding exceptional circumstances, Justice Charles Quin conditionally discharged Eduardo Robinson last week, after the defendant pleaded guilty in October to causing the death of his brother by careless driving.
The judge disqualified Robinson from driving for 12 months.
The defendant, now 27, had pleaded not guilty to causing the death of Egbert Robinson by dangerous driving, but admitted the lesser offense. Robinson was driving through a residential area 14 mph above the speed limit when he negotiated a bend in a road that had recently been resurfaced with chip and spray and still had loose gravel on it.
Sentencing was adjourned pending a social inquiry report.
Egbert, one year younger than Eduardo, was a passenger in the car the defendant was driving when he hit a wall on Mangrove Avenue, Prospect, on Oct. 28, 2012.
Egbert was speech and hearing impaired, as is Eduardo.
Justice Quin accepted the submission of defense attorney Laurence Aiolfi that the case was one at “the lowest category of seriousness,” in that there was no excessive speed involved and no alcohol. Robinson had no previous convictions of any kind.
The judge said the case was particularly tragic in that the defendant had lost his soulmate and “twin” – described as such because they went everywhere together.
In his reasons for sentence, Justice Quin also pointed out that Egbert “partially caused the accident by striking the defendant whilst the defendant was driving – to some extent, reducing the defendant’s culpability.”
Under the Traffic Law, a suspended sentence is not an option. The next option would ordinarily be a community service order, but because of Robinson’s disabilities, Mr. Aiolfi suggested that such an order “may not be best.”
Justice Quin said he found there were exceptional circumstances in this case and the sentence imposed was not to be considered a proper precedent.
The conditional discharge is for 12 months.