Ontario's highest court has upheld a nine-year prison sentence for Fereidon Hayatibahar, an unlicensed drunk driver who killed a Richmond Hill father and severely injured his wife and son in a 2019 collision. The Court of Appeal found no error in the trial judge's conclusion that the sentence was appropriate, rejecting arguments that the term was "demonstrably unfit" for a first-time offender.
Details of the Crash
In August 2019, Hayatibahar, then 19, raced down Yonge Street in Richmond Hill in a friend's Mercedes at nearly four times the speed limit, weaving around slower vehicles before losing control and slamming head-on into the victim's car. The victim, Peyman Masoomi Fard, a 44-year-old engineer at Magna, suffered "absolutely gruesome injuries" and died at the scene. His wife and 12-year-old son witnessed the failed rescue efforts.
Superior Court Justice Joseph Di Luca convicted Hayatibahar of criminal negligence causing death, impaired driving causing death, and three counts each of criminal negligence causing bodily harm and impaired driving causing bodily harm. His blood alcohol concentration at the time was between 178 and 210 mg/100ml, more than double the legal limit.
Appeal Dismissed
Hayatibahar appealed both his conviction and sentence, arguing that his Charter rights were violated and that police arrested the wrong person. He claimed his friend, Farbod Riazi, was driving. However, the Court of Appeal rejected these arguments. Justice Gary Trotter, writing for the three-judge panel, noted that seat belt marks and the Mercedes key found in Hayatibahar's pocket indicated he was the driver.
The appeal court also dismissed the argument that blood evidence was unlawfully seized, stating that the trial judge had "other formidable evidence of impairment" to conclude Hayatibahar was drunk while driving.
Sentencing Trends
In upholding the sentence, Justice Trotter highlighted a recent trend of increased penalties for dangerous and impaired driving offences. "In recent years, sentences for dangerous and impaired driving offences have increased," he wrote. "This is a response to amendments to the Criminal Code and a reflection of a growing recognition of the seriousness of these offences – both their high moral blameworthiness and the devastating impact that they have on our communities."
The trial judge had described the crash as a "predictable and devastating set of consequences," noting that Hayatibahar's actions involved "a young man with lots of bravado, but no driver's licence, a blood-alcohol concentration over twice the legal limit and a powerful motor vehicle driven at what can only be described as 'crazy' speeds."
Impact and Deportation
Hayatibahar, a recent landed immigrant from Iran, will be subject to deportation upon completion of his sentence. His case has been cited at least nine times by other courts in Canada to justify higher sentences for impaired drivers. According to Michele Mandel, the case signals that "the days of easy time for drunk drivers who kill is finally over."
