Driver in 2019 dangerous driving crash offers apology as Crown seeks jail sentence

Sentencing hearing for man who refused breath sample following crash Gianmarco Di Luciano, convicted of dangerous driving causing bodily harm, addressed the family involved in a crash in 2019.

An Aurora man convicted of refusing to provide a breath sample and dangerous driving causing bodily harm in a crash five years ago offered an apology to the family during a sentencing hearing on Friday.

Gianmarco Di Luciano, 40, was initially charged with dangerous driving causing death and impaired driving in the Christmas Day crash in 2019 in Vaughan.

Last November, a jury found Di Luciano not guilty of those charges.

The court heard Di Luciano's vehicle was travelling 120km/h in a 60 zone seconds before it ran a light that had been red for 11 seconds. His vehicle collided with an SUV carrying members of the Abdulla family, including 67-year-old Clarice Abdulla, who passed away weeks later from complications with her lungs.

"Since the accident, not a day goes by without feeling horrible for each and every one of the members of the Abdulla family," Di Luciano said.

Justice Cary Boswell ultimately convicted the Aurora man of dangerous driving causing bodily harm, and refusing to provide a breath sample.

Di Luciano maintains he wasn't impaired, but witnesses said he was driving recklessly, swerving around vehicles and crossing into oncoming traffic.

The defence told the court Di Luciano's alcohol consumption played zero role in the crash and can't be considered an aggravating factor in sentencing. It seeks a two-year conditional sentence to be served in the community, followed by probation and a two-year driving ban.

The Crown wants a sentence of three and a half to four years behind bars, telling the court "come hell or high water," Di Luciano wasn't going to provide a breath sample.

The prosecution added that Di Luciano "kept his blood-alcohol concentration hostage and what the true cause of the collision was."

"I stand here today tormented by the damage I caused to the Abdulla family," Di Luciano said in court on Friday. "I know that they are people of faith, and I pray that someday they will find it in their hearts to forgive me."

The Crown is also seeking an eight-year driving ban.

Sentencing is expected to be handed down in December.