Kevin Hyde, the 60-year-old who was found guilty of impaired driving and dangerous driving causing the death of Oakville, Ont., woman Louise Whiten, should serve seven-and-a-half to nine years in prison, assistant Crown attorney Michael Godinho told a Burlington judge.
Godinho said that while Hyde is a pro-social person who has strong supports in the community and no prior criminal record, on Dec. 3, 2020, Hyde selfishly got behind the wheel impaired, killing Whiten. Court heard the 51-year-old was a beloved wife, mother of two teenage boys, and well-respected speech pathologist who helped children with autism.
Godinho also pointed to the fact that Hyde has 16 prior convictions under the Highway Traffic Act spanning nearly three decades, calling it a “pattern of irresponsible driving.”
Godinho remarked that Hyde’s prior HTA offences are “particularly aggravating given we know speed was a big factor in the crash that killed Whiten,” telling Justice Ann-Marie Calsavara the pattern suggests Hyde treats driving as an “absolute right” rather than a privilege. In addition to time in a penitentiary, Godinho said a 10-year driving prohibition would be appropriate.
“It was nothing but sheer, stupid luck that nobody else died that day,” Godinho said, noting that Hyde put many members of the public at risk, including other pedestrians and drivers.
On that December day, Whiten was out walking her puppy along a path next to Lakeshore Boulevard in Oakville when she and the dog were struck from behind by a Nissan Sentra that left the roadway. Hyde was the driver.
Both Whiten and the dog were pronounced dead at the scene. During the trial last spring, court heard that Hyde was travelling 90 kilometres an hour — 40 kilometres over the posted speed limit — and an expert testified that Hyde was impaired by marijuana.
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Hyde pleaded not guilty. On the stand in his own defence, he said he had suffered a medical episode known as a “syncope,” prompting him to lose consciousness just prior to the collision.
Hyde’s lawyer, Dean Paquette, argued a more appropriate sentence would be four to five years in a penitentiary, suggesting a five-year driving prohibition would be more appropriate.
Paquette is also asking for a judicial stay in relation to the two charges, telling the judge that impairment and dangerous driving are redundant.
The sentencing hearing began with 10 emotional victim impact statements read out in court, from Whiten’s husband, sons, relatives and friends.
Ching Mac, Whiten’s widow, told the court how the two had planned on growing old together but that has been taken away due to Hyde’s “despicable and selfish act.” Mac called Hyde’s defence self-serving and said it enraged him.
“It was all to avoid consequences,” Mac said.
Whiten’s son Adam Mac, who was just 17 at the time of the death of his mother, called Hyde’s actions “selfish, dangerous and inconsiderate,” which changed his and his family’s lives forever, noting that his mother never saw him graduate from high school.
“I now have to live with the traumatic memories of losing my two best friends in one day. This is a horrible and repeated trauma that I must endure.”
Paul Cooke, Whiten’s brother-in-law, told Hyde, who has been out of custody on his own recognizance since the day of his arrest, that he will never forgive him for what he has done.
“Through all this, you’ve not spent one complete day in jail,” said Cooke. “The most insulting thing from my standpoint was your inability to take responsibility for your actions.”
Paquette told Calsavara that the trial and not-guilty plea were a legitimate exercise of Hyde’s constitutional right. The judge agreed.
Whiten’s niece Emily Cooke reiterated how the family has suffered as a result of Hyde’s decision to drive impaired.
“You killed my aunt. You killed her dog. And you are responsible.”
The judge has reserved her decision on a sentence until next month.
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