SENTENCING - Offences relating to conveyances - Dangerous operation of motor vehicle causing bodily harm - Breach of probation

Law360 Canada ( July 3, 2025, 12:43 PM EDT) -- Appeal by Lojovic from conviction for dangerous driving causing death, failing to remain causing death and breach of probation and application for leave to appeal sentence. Lojovic drove erratically at high speeds through Hamilton, striking and killing a pedestrian, Brott. He fled the scene but was eventually arrested. Lojovic was diagnosed with bipolar disorder and was experiencing a manic episode at the time of the offences. Following the findings of guilt, Lojovic applied for an assessment to determine if he was not criminally responsible (NCR). The trial judge refused the application. At sentencing, the trial judge treated Lojovic’s bipolar disorder as an aggravating factor rather than a mitigating factor and imposed a 10-year sentence. Lojovic appealed his conviction on the basis that the trial judge erred in refusing to order an NCR assessment. He also sought leave to appeal his sentence on the basis that it was harsh and excessive, and that the trial judge improperly treated his mental illness as an aggravating factor....
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