A Puslinch man convicted in a street racing incident that led to a serious crash in Guelph in 2021 will serve 15 months in jail.
Adnan Rafaeh, 22, was handed his sentence in Guelph Superior Court Tuesday morning.
He was convicted of dangerous driving causing bodily harm and failing to remain at the scene of a crash on Woolwich Street, following a jury trial in December.
A teenage girl suffered serious injuries in the incident.
“Community safety is a concern,” said Justice Cynthia Petersen in her decision.
“Mr. Refaeh is not, in general, a dangerous individual. But he can be and has been dangerous to the public when he gets behind the wheel of a motor vehicle.”
She recalled his “terrible” driving record – seven Highway Traffic Act convictions, including six speeding tickets ranging between 10 km/h to 66 km/h over the speed limit – as well as a couple of incidents where he was seen twice breaching a court-ordered driving ban.
Petersen also commented on the family’s “lax attitude” toward taking responsibility for his actions, also commenting on how they “were complicit” in efforts to avoid detection from police after the crash.
She said it doesn’t give her confidence they would provide Refaeh the motivation to comply with any terms imposed by the court.
She said she had concerns about him re-offending if he was given house arrest.
“The risk of him (breaching conditions by driving while prohibited) in a manner that is dangerous to the public, or that involves street racing, is lower,” she said. “But it cannot be discounted.”
She said many members of his community are aware of his convictions, but doesn’t believe house arrest “would be particularly stigmatizing.”
“Mr. Refaeh, I know that you did not intend to cause harm … but you conducted yourself in a manner that created a grave risk of tragedy,” Petersen said.
“And that predictably, if not inevitably, resulted in serious injuries to an innocent bystander.”
Mitigating factors include that Refaeh is a youthful first-time offender who has been a contributing member of his community, has been a volunteer, has occupational goals and good educational and employment prospects.
He also has a supportive family, and has expressed remorse.
Refaeh, who was 19-years-old at the time of the incident, was seen on Woolwich Street driving a vehicle and going at a high rate of speed with another vehicle, driven by a Kitchener man.
In the midst of what Peterson said was indeed a street race, both drivers went through 22 intersections between the start of the race until the crash scene near Powell Street.
Rafaeh denied street racing in his account of the incident, and fled the scene.
The vehicle driven by Mitchell Nodwell of Kitchener pulled out from behind Refaeh’s black BMW and struck a vehicle head-on.
A girl, who was 13 at the time of the crash, was in the back seat of that third vehicle. She was in hospital for months.
In Dec. 2022, Nodwell pleaded guilty to dangerous driving causing bodily harm and possessing a controlled substance for purposes of trafficking. He was sentenced last July to 30 months in jail.
Refaeh will be credited for three days already served in custody when he was first arrested.
Upon his release, Refaeh will be banned from driving for three years.
“I hope, Mr. Refaeh, that you learn from this experience and that you change your ways,” Petersen said to Refaeh. “You do have a bright future within your grasp, and whether or not you realize your potential will depend on whether you use this experience to mature and grow into a responsible adult.
“A criminal record and a jail sentence do not have to define your life. You’re young, you can turn things around, but you do have to be held accountable for what you did.”
“I do sincerely wish you well, and I hope never to see you in court again.”
