A Newmarket, Ont., judge has sentenced an unlicensed driver who drove at excessive speeds, weaving in and out of traffic, with more than twice the legal limit of alcohol in his blood, killing one man and injuring three others including a child, to nine years in prison and an 18-year driving ban.
Fereidon Hayatibahar was 19 years old when he lost control of his friend’s mother’s Mercedes SUV on Aug. 18, 2019, along Yonge Street near Townwood Drive in Richmond Hill, crossing into oncoming traffic and sideswiping one car, hitting another head-on, debris hitting a third.
Forty-four-year-old Peyman Masoomi Fard who was the driver in the second vehicle was killed instantly. His wife, 41-year-old Nazanin Amiri, and the couple’s 12-year-old son were also seriously injured as was the occupant of the another vehicle.
Hayatibahar was convicted of criminal negligence and impaired driving causing death and three counts of impaired driving causing death and bodily harm, earlier this year after a judge alone trial.
Justice Joseph Di Luca noted that sentences for first time offenders are typically in the four- to six-year range unless they have prior criminal or driving offences, but said that the message about drinking and driving has been repeated loudly and clearly for decades, and for those who have refused to listen, moral blameworthiness is amplified just as society’s tolerance for impaired driving has lessened.
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“While only one person died in this case, it is simply sheer luck that the passengers in Mr. Masoomi Fard’s vehicle managed to survive. It is also miraculous that no others died,” added Di Luca.
Di Luca pointed to a number of aggravating factors. Hayatibahar was well in excess of double the legal limit of alcohol in his blood, his offences resulted in death and bodily harm to multiple victims and the little boy was present when his father died and could not be comforted by his mother who was pinned in the car and also badly injured.
The offender, who was only 19 at the time, was also speeding for a prolonged period of time, saying it was not a momentary lapse in judgment which had predictable and devastating consequences.
Di Luca also noted that while Hayatibahar has not accepted responsibility for his actions, he has expressed some limited remorse for consuming alcohol and being in a vehicle.
“I am satisfied that a proportionate sentence is one of nine years in prison. It captures the horrific nature of the offence including the death and injuries and reflects the fact he is a young man with no prior record and rehabilitative prospects,” said Di Luca.
Outside court, Masoomi Fard’s uncle, aunt and cousin expressed relief that Hayatibahar had been given such a significant sentence.
“It’s good that the judge went outside of the range to at least deter other people. If this can even stop one other person from drinking and driving and ruining a family, that would be some sort of justice,” said Shohreh Rakhshan, Masoomi Fard’s cousin.
Masoomi Fard’s wife and son have been shattered both physically and emotionally since the sudden death of the husband and father, who worked as an engineer at Magna. The family came to Canada from Iran in 2018 for a better life and had plans for great success. Through hard work, they managed to buy a home and had plans to renovate and build their dream home.
After Masoomi Fard was killed, they had to sell the family home, their furniture and appliances to make ends meet. They now live in a rental apartment and have been receiving financial aid from relatives.
“They had a great life. He was a great husband and father, ” said Rakhshan, who said everyone should be angry by collisions calling by impaired drivers. “It could be you.”
Hayatibahar was given 293 days credit for pre-trial custody, and has approximately eight years and two and a half months to serve. When he’s released back into the community, court heard the landed immigrant will also likely be facing deportation back to Iran.
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