A Guelph man will learn his fate next month in relation to a pair of hit-and-runs last September, including one that led to the death of a cyclist that has been the talk of the cycling community since.
The Crown and defence gave their submissions to the court Wednesday.
The Crown is seeking a 17-month jail sentence. The defence believes John Simpson-Bard should already be out of jail.
Justice Nicole Redgate said she isn't convinced he is in a time served position, and put the case over to March 25 to deliver judgment.
Last year, Simpson-Bard pleaded guilty to four charges, including failing to remain at the scene of a collision causing death on Sept. 5, which was the crux of the Crown’s sentencing submissions.
Crown attorney Julia Forward recommended a 17-month jail sentence – minus time served – as well as a five-year driving ban, a DNA order, 18 months probation and a no contact order with seven individuals, including members of Susan Bard’s family, who attended via Zoom.
Susan, who shares no relation to Simpson-Bard, was the woman who died a day after a collision on Victoria Road.
It should be noted Simpson-Bard’s guilty plea was for fleeing the scene, not for the crash itself.
“This gentleman is not being (held) responsible for that particular accident,” Crown attorney Marilyn Dolby clarified during a November appearance.
He also pleaded guilty to impaired driving and failing to remain at the scene of a crash that happened three weeks later.
Simpson-Bard was under a driving prohibition at the time because of the earlier hit-and-run.
The fourth guilty plea was for a fraud charge for a 2022 incident involving $450.
Defence lawyer David Doney reportedly has collected $450 from Simpson-Bard, which will be paid out to the victim of the fraud case.
The Crown’s recommendation is much different than November, when a joint submission was filed for a 60-day jail sentence, which Simpson-Bard had served up to that point.
Justice Nicole Redgate noted at that time she was concerned it was “far outside the appropriate range.”
No victim impact statements were filed up to that point due to a communication error, so the case was put over.
In December, the initial plea related to the fatal hit-and-run was withdrawn and Simpson-Bard pleaded to the same charge that day.
Victim impact statements were also filed that day.
To the average person, the withdraw and guilty plea to the same charge seems like an oddity. The difference was the initial plea was to a summary offence. The new plea was to an indictable offence, which carries more severe penalties.
This also allowed the Crown to revisit its initial submission.
Forward said the most significant aggravating factor in her submissions is the impact Susan’s death has had.
“The impact can only be described as profound and devastating,” she said.
She also brought up Simpson-Bard’s criminal record, including a 2009 impaired driving conviction, and an assault and mischief conviction in 2011.
Mitigating factors include the conditions Simpson-Bard has had to deal with in custody.
At the end of the day, her recommendation is 15 months in jail for the fatal hit-and-run incident.
As part of a joint submission, two-months is being sought for charges related to the Sept. 28 incident. Forward is asking for those two months to be served consecutively, bringing the total to 17 months.
He has already served 151 days, which would be upgraded to 226.5 days if Summers credit – 1.5 days for every day served – is applied.
Simpson-Bard’s lawyer agreed to the 18-month probation period and a DNA order, but believes his client is in a time served position and should be out of jail.
He also took issue with a five-year driving ban recommendation, and believes it should be about three years instead.
Doney told the court his client entered a “prompt plea of guilty,” which avoided a trial.
“This is a man who has been troubled by various substances, and various personal difficulties,” he said.
He pointed out Simpson-Bard’s support system, turning to the gallery for emphasis.
Doney said his client has roots in the community, has four children and is employed as a painter.
Simpson-Bard stayed silent in the prisoner’s box throughout the morning – occasionally peeking over to supporters who took up the vast majority of the court gallery – and declined to address the court when prompted.
Susan Bard's daughter Corinna Matteliano, who was attending virtually, told GuelphToday there is some frustration for the delay in getting to a final sentence.
But she added she appreciates the fact Redgate is dedicating the appropriate amount of time to bring the case to a conclusion.
"The delay means they're giving the proper respect my mom deserves."
