Should the sentence be different when the victim is a person with a disability?

Anee Khudaverdian and daughter Bailey Eve, 47 year old woman's death results in life sentence

With story from CTV

Roger Walsh, 57, received a life sentence in Montreal court for killing Anee Khudaverdian a 47 year old mother with his van. It is first life sentence for vehicular homicide in Canada. Walsh had a history of drinking and driving. He pled guilty to this his 19th conviction in December 2008.

Anee Khudaverdian was out walking her dog when Walsh’s minivan struck her and pitched her into the ditch. It was her birthday.

Walsh drove on for 10 kilometers before he was stopped by crashing his van into a ditch.

The victim was wheelchair-bound. Walsh was arrested nearly 10 kilometers away when he crashed into a ditch. photo: CTV

Khudaverdian was born without the use of her legs was said to be an inspiration to others with disabilities. Like many people with disabilities she had learned that helping others despite her own pain and suffering can make you happy.

She came to Canada from Lebanon suffering from polio. More than 20 operations were carried out at Shriners Hospital to remedy some of her problems.

She had a 7 year old child at the time of her death.

Her passion was looking after dogs and other animals at the Society for the Prevention of Cruelty for Animals. (Montreal Gazette). She was walking her pet Doberman at the time of the fatal accident.

Her brother and sister were interviewed on CJAD on their loss.

“I hope you have a good time running on the beach. This is your first time running, Mommy,” said her 7-year-old daughter, Bailey Eve, who clutched two daisies as she read from a letter she placed on the maple casket, which was adorned by a spray of pink roses.

“Every night before going to bed, kiss me. Daddy is taking good care of me. Diego misses you.” Montreal Gazette

Prior to Walsh’s sentencing, the longest sentence in Canada for a drunk driving conviction was 20 years when an Alberta woman and her three children were killed.

The prosecutor asked for 20 years and was surprised at the sentence. Legal experts commented that previous driving and drinking prohibitions did not work with Walsh who was under a ban when he killed Khudaverdian.

Walsh will be eligible to apply for parole in seven years.

The Crown was not successful in having Walsh declared the more serious Dangerous Offender.

Should the sentence be different when the victim is a person with a disability?