Lawyers want 'extremely generous' sentence in Ingraham Trail drunk driving case

Prosecution and defence agree that Joshua Moore should face a light sentence because his blood alcohol level registered only slightly over the .08 legal limit.

Joshua Moore was driving 100 km/h when his car hurtled into a small lake, killing one passenger

RCMP investigators were on scene at an accident on the Ingraham Trail outside Yellowknife on May 21, 2017. Joshua Moore was charged with impaired driving causing death. (Alex Brockman/CBC)

A man who was driving drunk when he drove off the Ingraham Trail outside of Yellowknife — killing one of his passengers — was in court to be sentenced Tuesday.

Joshua Moore, 29, was speeding when his car went off the road on a turn in May. The car landed in a small pond next to the road.

At Tuesday's sentencing hearing, the Crown prosecutor was in the awkward position of defending how light a sentence he was asking for.

Both the prosecutor and defence lawyer Ryan Clements are recommending Moore be sentenced to two and a half years in jail.

Both emphasized repeatedly that Moore registered only 1.0 and .09 blood alcohol levels. They noted that's just slightly above the .08 minimum to be considered impaired.

N.W.T. Supreme Court Justice Louise Charbonneau balked at that, describing the joint submission as "extremely, extremely generous."

Moore drove up to 180 km/h, passenger says

Court heard Tuesday that Moore admitted he picked up four passengers who had just left a house where they had been drinking on May 21. One of the passengers estimated Moore then drove at speeds as high as 180 km/h through the city.

The group eventually stopped at the Yellowknife River Bridge to consume more alcohol, then continued down the Ingraham Trail. Moore crossed centre line driving 100 km/h, swerving to avoid an oncoming vehicle.

Shortly after, he lost control on a curve and the car sank in the lake up to the doors. One woman died and two other passengers were seriously injured.

Charbonneau will deliver her sentence on Jan. 12.

With files from Richard Gleeson