A man who was sentenced to three and a half years in prison for striking and killing a woman and critically injuring her sister in Central Saanich while driving impaired has lost his appeal bid.
Anthony Thomas was convicted of six driving offences, including impaired driving and dangerous driving causing the death of Kim Ward, 51 and bodily harm to her sister, Tracey Ward, then 48, on Aug. 27, 2018.
Thomas, then 24, had methamphetamine in his blood at the time of the crash and passed out at the wheel of a new Jeep while driving on Central Saanich Road.
The Jeep crossed the centre line into the northbound lane, then continued onto a grassy boulevard where it struck the two sisters. Kim was pronounced dead at the scene and Tracey lives with severe cognitive impairment in a long-term care home.
Thomas appealed his sentence, arguing the trial judge erred by concluding he was guilty for the consequences of his driving while unconscious and refusing to apply a precedent to stay less serious dangerous-driving charges.
In a B.C. Court of Appeal decision, judges agreed to stay the dangerous-driving charges, but dismissed other arguments. Thomas was not convicted for his driving while unconscious, but for deciding to drive while impaired, the judges concluded.
“He considered the totality of the evidence and found only a single reasonable inference — that appellant’s sudden loss of consciousness was the result of his consumption of drugs,” the decision released Tuesday said.
Extreme fatigue is a side-effect during the crash phase of methamphetamine use and may result in a person suddenly falling asleep, a forensic toxicologist employed by the RCMP testified at the trial.
Thomas was also sentenced to a five-year driving prohibition after his sentence is served.
In a civil case against Thomas, the Harris Victoria car dealership that owned the car and Aggatha Siah — who had signed a purchase agreement to buy the Jeep — Tracey Ward was awarded $5.5 million for her future care.
Thomas was found to be negligent and the car dealership, as owner of the vehicle, was vicariously liable and ordered to pay $5.5 million. The dealership lost its appeal in that case.
