Supreme Court hears appeal of sentencing in death of Geo Mounsef, 2

The Supreme Court of Canada heard a rare sentencing appeal Wednesday in the caseofan Edmonton man sent to prison for26 months forfailing to provide a breath sample.

Richard Suter was chargedafter crashing his SUV into a restaurant patio in 2013, killing two-year-old Geo Mounsef.

The trial judge sentenced Suter to four months in jail,resulting inprotests from the boy's family and prompting the Crown prosecutor to appeal.

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Eventually the Alberta Court of Appeal substituted a new sentence of 26 months, which in turn prompted Suter to appeal to the Supreme Court.

Relied on bad legal advice

At the Supreme Court hearing Wednesday, the Crown maintainedthat Suter'srefusal to provide a breath sample was a strategic decision to avoid prosecution.

However,Suter'slawyer,Dino Bottos, told thejudgeshis client had made a mistake of law when he refused to provide police with a breath sample, because hewas acting on a lawyer's instructions.

"Although he committed the offence of refusal, he did so on the advice of a lawyer and he thought that it was lawful for him to refuse, given the lawyer was telling him to refuse," he said.

"That was an original mitigating factor which the original judge found, but the court of appeal overturned."

Bottosnotedthe trial judge found that Suter was sober at the time of the crash.

Bottosalso argued that theAlberta Court of Appealerred in consideringdistracted driving as an aggravating factor in Suter's sentencing.

At the time of the crash Suter was arguing with his wife.

Vigilante justice

Bottosalso urged the justices thatvigilante justice suffered by Sutershould be considered a mitigating factor in sentencing.

In 2015,Suter was taken from his home, beaten, and had his thumb cut off.

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While the trial judge took thekidnapping into account, the Appeal Court did not, Bottossaid.

Suter has been out on bail awaiting the Supreme Court hearing since February2017afterservingnine-and-a-half months.

Bottos said he expects a decision to be handed down in the next four to six months.