Photo: Colin Dacre

The B.C. Court of Appeal has upheld a Penticton man’s sentence for his third conviction for flight from police and fifth for driving while prohibited. 

Brian William Cooper, 31, pleaded guilty and was sentenced in February for an incident on Oct. 2, 2018 that saw him flee from police on a motorcycle with a passenger. 

RCMP spotted Cooper on a motorcycle in poor condition and without a license plate that day and attempted to pull him over. He fled and ditched the motorcycle in a townhouse complex but was caught by a police dog a short distance away.

At the time of his arrest, he was under four driving prohibitions: three Criminal Code and one under the Motor Vehicle Act.

Judge Gregory Koturbash sentenced Cooper to 18 months in prison followed by one year of probation and a  five-year driving ban — a sentence well above the one year prison term the Crown sought. Defence asked for a sentence to be served in the community. 

Cooper appealed his sentence, arguing that Koturbash was overly harsh of him considering his upbringing and did not consider his possible rehabilitation enough.

Earlier this month, a three-judge panel with the B.C. Court of Appeal sided with Koturbash, noting the sentencing judge’s comments that acknowledged Cooper’s tragic upbringing and past failed attempts at getting him to attend counselling or treatment.

A clerical error did result in two of Copper’s past convictions being duplicated on his record, but regardless, the Court of Appeal found the record was still bad enough to warrant a harsh sentence. 

“In 2006, Mr. Cooper was convicted of criminal negligence causing death, criminal negligence causing bodily harm, and flight from police. In 2012, he was convicted of dangerous driving, driving while prohibited, and flight from police. In 2016, he had two further convictions for driving while prohibited. In 2017, he was again convicted of driving while prohibited,” noted Appeals Justice Lauri Ann Fenlon.

“The sentencing judge was particularly concerned that Mr. Cooper had caused the death of his friend because of his dangerous driving and yet continued to commit driving offences,” she continued.

The Appeals Court did find that the judge erred in the way that the five-year driving ban was structured. 

Koturbash was erroneously led to believe the Crown had served Cooper with “notice of greater punishment,” which is required for a five-year ban. Because that did not take place, the sentences will be restructured as separate two- and three-year bans on each count to be served consecutively. 

Judge Koturbash has consistently handed down firm sentences for those that flee from police, declaring it an epidemic of sorts in Penticton.