Woman who slammed car into downtown e-bike showroom jailed for five months

Emily Murphy sat in a second-floor courtroom, sobbing uncontrollably throughout her hour-long sentencing hearing Wednesday.

The 26-year-old woman continued to weep when she stood before Ontario Court Justice Romuald Kwolek, pleading with him not to send her to jail, when he asked her if she wanted to say anything after the lawyers had finished their submissions.

"Putting me into jail isn't going to help me," she told him. "I want things to look up from here. If I go to jail I'll be back at square one."

The Crown was seeking a six-month custodial sentence, after Murphy pleaded guilty to dangerous driving causing bodily harm.

Murphy was behind the wheel of a car on Nov. 24, 2017, in an crash that caused tens of thousands worth of damage to a downtown business, destroyed the vehicle and injured a passenger.

Her lawyer Eric McCooeye asked the judge to consider a suspended sentence, arguing that his client has positive things going for her now and has been able to stay away from alcohol since June.

Following a 55-minute break, during which Kwolek reviewed the submissions and case law, the highly-emotional young woman, who suffers from mental health issues, broke down when he said she was going to jail for five months.

She crouched down for a few seconds, grabbing onto the table where her lawyer and the prosecutor were sitting.

"I'm begging you. I can't go to jail," she cried out to the judge.

Turning to the court security officer, who was about to take her into custody, she pleaded "no please, no please" as she was led out of the courtroom and handcuffed in the hallway.

Murphy was charged after a vehicle, travelling at a high speed, crashed into a business at Queen and Dennis streets.

She was "flying down Queen" in the city's downtown core at speeds up to 143 kph in a 50-kilometre zone, assistant Crown attorney Dana Peterson said.

As Murphy attempted to make a left turn onto Dennis Street, she struck the building, causing "an unbelievable amount" of damage to the business and the vehicle, which didn't belong to her.

The accused and another woman ran from the scene, leaving behind an injured passenger whose arm was broken.

Murphy encouraged the woman to report the vehicle stolen.

But when police showed up at her residence, Murphy admitted she was driving, Kwolek was told.

At the time of the offence, she had a criminal record with five convictions and had just been placed on probation, Peterson noted.

In April 2017, Murphy was charged with offences, including intimidation of a justice system participant, and possession and distribution of child pornography.

She sent messages to a 14-year-old girl, including nude photos of the teenager, who had been a witness at an unrelated trial, and threatened to distribute the photographs if she continued to testify.

The child porn charges were withdrawn in court and she pleaded guilty to a lesser intimidation offence for being a party to sending the threatening messages.

Peterson said it was clear from the pre-sentence report that Murphy "has very serious mental health issues" which the Crown considers to be a mitigating factor.

Her actions toward a girl, ten years younger than her, "exhibited spiteful and immature conduct."

When the upset and crying Murphy spoke to the judge she said the intimidation charge had ruined her life and put her in jail.

"I lost my family, my friends and my car," she told Kwolek. "I was at a low point in my life, started drinking heavily and was acting out."

During his sentencing submission, McCooeye noted a conditional sentence, which would be served in the community, is not available for the dangerous driving causing bodily harm offence.

"If jail is not appropriate the next sentence available is a suspended sentence."

He also suggested 45 days jail would be appropriate for the offence, and that a substantial house arrest sentence could be imposed for the intimidation and a breach of a recognizance charge.

As well, McCooeye proposed that Murphy be banned from driving for 10 years.

In addition to the jail term, Peterson called for two years probation, with counselling conditions, and a five-year driving prohibition.

When he imposed sentence, Kwolek said the dangerous driving offence carries a maximum jail term of 10 years.

He cited Murphy's guilty pleas, co-operation with the police, remorse and mental health issues as mitigating factors.

The judge listed a number of aggravating factors: the speed she was travelling, which put herself and others at risk, she had injured an individual, destroyed property and a vehicle, left the scene, counselled another person to report the vehicle stolen, and had just been placed on probation a month prior to the incident. 

Kwolek noted Murphy, mother of two, has done some positive things, such as attending counselling, since being released from custody In June.

"You need to get treatment," he told her, referring to the pre-sentence report that cites various diagnoses for mental health issues.

In addition to five months behind bars for the driving offence, Kwolek imposed a three-year driving prohibition.

He sentenced Murphy to time served (the equivalent of 14 days) for the intimidation charge and two years probation for the breach.

During the probation she must take any recommended counselling and assessments.

"You need to get the help that is required," he told her. "You have to get emotional  and medical support."

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