A hearing is scheduled for today in Calgary to hear the case of a young drunk driver convicted of killing a Red Deer couple, who left behind five children.
The Alberta Court of Appeal will hear an argument from the Crown prosecutor as to why the sentence handed to Chad Mitchell Olsen, 24, of Sedalia, was not long enough.
Olsen was jailed for two years and three months in Red Deer provincial court on April 27.
The appeal is expected to be argued by Alberta Justice prosecutor Brian Graff of Edmonton. Defence lawyer Joan Blumer of Calgary will represent Olsen.
The three-member appeal panel could make a ruling immediately or decide to adjourn their decision until a later date.
Brad and Krista Howe, aged 34 and 35 respectively, were killed in Red Deer on Feb. 7, 2010, after their eastbound car was hit by a southbound pickup truck driven by Olsen, who had three times the legal limit of alcohol in his blood. They were pronounced dead at the scene at 30th Avenue at Ironstone Drive.
At the original sentencing, Red Deer Crown prosecutor Charlotte Oxford argued for a three-and-a-half-year sentence while defence lawyer Roy Shellnutt of Didsbury argued for two years less a day sentence, which would have spared Olsen federal prison time.
Judge Thomas Schollie handed out the sentence, which also included a five-year driving ban once Olsen is released from prison.
The judge also factored in the nine months had Olsen spent in virtual house arrest after being released from custody about a week after the crash.
The Crown’s office said after the sentencing that it was disappointed in the length of the sentence.
The sentence sparked a public outcry, with numerous letters to the editor calling for a stiffer sentence.
Olsen was running a red light and travelling at a minimum of 85 km/h in a 60 km/h zone, court heard.
His blood alcohol reading was .226. The legal limit is .08.
Olsen had nine previous speeding convictions and seven other traffic violations, which had earned him three separate driving suspensions.
Sedalia is a small hamlet 175 km southeast of Stettler.
jwilson@www.reddeeradvocate.com
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