A Vancouver Island father has been sentenced to six years in prison for causing the death of his seven-year-old son while driving under the influence.
Matthew Gilbert Darlington, 49, pleaded guilty to impaired driving causing death and was sentenced in provincial court.
On Sept. 6, 2021, Darlington returned to the Island by ferry from Vancouver. He took methamphetamine and smoked cannabis in the evening.
The following morning, while Darlington was driving his spouse and three children near Sooke, he left the highway and crashed the car into a tree by the side of the road.
His spouse and children, who were seven, eight and 10, were all injured in the crash. His youngest child died in hospital hours after the crash.
Darlington has said he has no memory of the crash.
Before the crash, he had been convicted eight times for driving while prohibited and was convicted again in 2022. He was prohibited from driving after the crash that killed his son, and was found driving eight months later.
“It is worthy of note that the tragic accident on September 7, 2021, did not deter him from driving in defiance of his prohibition,” Judge Ted Gouge wrote in his decision.
Darlington also has a criminal record with convictions for violent offences and threats of violence.
In remarks to the court during his sentencing hearing, he talked about the importance of his relationships with his two surviving children and his determination to be a good parent.
The Ministry of Children and Family Development reports he has taken positive steps with their help to repair and nurture his relationships with his children.
He is now divorced from their mother, who does not want contact with him.
The Crown sought a sentence of five to six years with a 15-year driving prohibition, while Darlington’s defence lawyer proposed a conditional sentence of two years less a day.
Both proposals were insufficient, Gouge wrote in his decision, saying eight years would be more appropriate. The maximum penalty for impaired driving causing death is life imprisonment.
“Mr. Darlington poses a serious threat to public safety. His disobedience of past driving prohibitions demonstrates that he will probably continue to drive, no matter what order I make. His lengthy and serious driving history demonstrates that, when driving, he puts others at constant risk. As a consequence, the only way in which I can protect the public from him is to order his incarceration,” Gouge wrote.
He said he is mindful of the needs of Darlington’s children and his desire to parent them, but he is not satisfied Darlington is a good role model.
“Shortly put, he has been, over a period of many years, a man who simply refuses to obey the law. I do not believe that any contribution which he can make to his children’s upbringing could outweigh the need to protect the public, including his children, from the risk which he will pose to public safety if he is not in custody,” Gouge wrote.
Gouge said Darlington should never drive again and issued him a 35-year driving ban.
