By-Ronalda Luke-Pascal
A 28-year-old Cochrane man, Giovanni Vaughn Benoit Garraway, has been ordered to pay $20,000 in compensation and given a suspended prison sentence for causing the death of 10-year-old Natalia Matthew by dangerous driving.
Summary of facts
According to the facts presented in court, on June 6, 2018, around 4:45 p.m., 10-year-old Matthew of Bath Estate was sent to a shop and was also permitted to visit a schoolmate.
After leaving the shop and heading to her friend’s home, she attempted to cross the Bath Estate main road in front of a stationary vehicle. At that moment, she was struck by a Mazda 4×4 pickup driven at speed by Garraway, who was overtaking another vehicle without indicating. The impact reportedly flung her approximately 25 feet, leaving her motionless on the road. Matthew sustained severe internal injuries and was later pronounced dead at the then Princess Margaret Hospital. Garraway also suffered injuries after being assaulted by individuals at the scene.
During sentencing, both State counsel Kevin Julien and defence attorney Wayne Norde requested a non-custodial sentence. The prosecution supported Mrs. Mathew’s request for $75,000 in compensation, while the defence proposed a lesser amount and a suspended sentence.
Sentencing
At the sentencing hearing, Garraway stated that his family had previously offered $15,000–$20,000 to assist with funeral costs and expressed his willingness to pay $20,000 in compensation to the mother of the deceased. In delivering her sentence, Justice Sejilla McDowall emphasized that compensation in cases of loss of life must be approached with the utmost care, noting that such awards can be “injurious and ineffective” if perceived as an attempt to place monetary value on a life lost. She described the matter as “deeply sensitive, requiring mutual understanding and cooperation from all parties.”
In considering the discount for an early guilty plea, Justice McDowall noted that Garraway did not plead guilty at the first opportunity but only on the third day of trial. As a result, the court did not grant the one-third reduction; instead, she allowed a reduction of three months, lowering the sentence from three years to two years and nine months.
The court further noted that the time spent on remand was not applicable in this case as Garraway had been granted bail after being charged and remained on bail throughout the proceedings.
Regarding the State’s request to suspend his driver’s license, Justice McDowall declined, explaining that Garraway’s unblemished record and continued lawful driving over the past seven years made further disqualification unnecessary. She added that maintaining his ability to drive was essential for fulfilling his compensation obligations and supporting his rehabilitation and domestic responsibilities.