Had he not been diagnosed with a chronic medical condition, Antwone ‘Quincy’ Anthony would have been sent to prison on Monday for causing the death of 78-year-old Edgar ‘Cruicky’ Cruickshank, at an opposition New Democratic Party (NDP) public meeting at Clare Valley almost five years ago.
Instead, the 43-year-old former CD vendor, who resided at Questelles, received a two-year suspended sentence for causing Cruickshank’s death by dangerous driving, December 6, 2014.
The maximum penalty for causing death by dangerous driving is seven years in prison.
Anthony was also disqualified from holding a driver’s licence for the balance of his life.
He was additionally fined $1,500 for driving the vehicle without licence; $1,500 for driving it without a policy of insurance, and $1,000 for using a fraudulent identification mark.
No specific time was set for the payment of the fines.
Justice Brian Cottle handed down the penalties at the High Court Criminal Assizes on Monday, about three weeks after Anthony pleaded guilty to the charges, and following a sentencing hearing at the Assizes last week. He was represented by Attorney Stephen Williams.
The facts revealed that on the night in question, while the NDP public meeting was in progress at Clare Valley, Anthony drove the vehicle in the vicinity recklessly, causing it to collide with another vehicle, propelling that vehicle onto a hard court.
The incident resulted in Cruickshank’s death, as well as injuries to several other persons, including Anthony’s 4-year-old son, the other occupant of the vehicle he was driving.
Justice Cottle contended that the case was very serious, and warranted a custodial sentence, but the current prison conditions do not allow for Anthony to be incarcerated, given his chronic medical condition. Reports are that he has been diagnosed with advanced renal failure which requires daily dialysis treatment.
Justice Cottle said if Anthony was sent to prison, he would die within a short space of time. He also noted that his condition would result in his inability to earn an income, making it difficult for him to pay a fine.
As he outlined the aggravating factors, Justice Cottle noted that police investigations revealed that the vehicle Anthony was driving on the night in question was not road worthy.
The tyres were smooth, there was no fan belt, no headlights, no policy of insurance, bore a wrong number plate, and Anthony’s driver’s permit had been expired for several months.
Justice Cottle noted that the incident occurred during the night, and Anthony must have been aware that this meeting was being held, since these events are usually well publicized. He added that Anthony knew what he was doing because the vehicle was carrying a false identification mark.
Justice Cottle cited Anthony’s guilty plea, and that he had no previous convictions, as mitigating factors.
The Judge contended that each case has to be examined within the context of its particular circumstances, and the peculiarities of this case had to be taken into account.
Why am I not surprised that Cottle was the judge in this case? As soon as I heard the sentence, I knew Cottle was involved
That man should have been charged with MOTORMANSLAUGTER which carries a custodial sentence minimum 5 years in prison. Nuff said
Sounds more like an assassination than an accident, I understand he was in some way linked to Julian Francis’s sister.