Drunk, speeding driver sentenced for fatal North Vancouver crash that left 'carnage' in its wake

North Vancouver provincial court is seen in this photo from North Vancouver RCMP.

A driver who was drunk and going three times the speed limit when he crashed head-on into another vehicle – killing one of the occupants and severely injuring the other – has been sentenced to 40 months in prison by a B.C. judge.

The sentence was handed down in North Vancouver Provincial Court last month and the reasons were posted online Friday.

The 2021 crash killed Marcelina Agulay, whose family described her as a beloved grandmother, mother and community leader in the days after the fatal collision. Her husband, Leonilo survived the crash but was critically injured and died months later.

"These are very difficult cases. Nothing I do today will ever change the tragedy, pain, and suffering felt by everybody here today, but also the harm done to society generally," Judge Robert Hamilton said in his decision.

"The loss of Marcelina and later Leonilo Agulay has dealt a permanent catastrophic wound to their family and friends," he later added.

The court heard that the driver, Andre Lukat, had consumed "in excess of a bottle of wine" before getting behind the wheel. He was going 180 km/h when he crossed the centre line of Lower Level Road and crashed into the couple's car. The posted speed limit was 60 km/h.

"The damage to the two vehicles is difficult to look at. Carnage would be a good word to describe it," Hamilton said.

The 40-month sentence came after a joint submission by Crown and defence lawyers, and will be followed by a seven-year driving prohibition.

"Society takes impaired operation of a motor vehicle extremely seriously," Hamilton said.

"Society expects, no, it demands, that when impaired operation of a motor vehicle leads to death or serious bodily injury, the offender will be dealt a significant penalty."

Among the aggravating factors, Hamilton said, was the driver's record.

"I think it would be fair to characterize Mr. Lukat as a menace on the road," he said, noting that his history included 13 convictions for speeding, three alcohol-related driving prohibitions, two counts of failing to produce a driver's licence or insurance, and one for driving with undue care and attention. While these Motor Vehicle Act offences occurred over a 25-year span, seven of them happened in the year preceding the fatal crash.

Other aggravating factors were that his blood-alcohol concentration was more than two times the legal limit, his excessive speed and the "sheer level of the risk taken," the decision says.

The mitigating factors noted by the judge included Lukat's guilty plea, efforts at rehabilitation and his "genuine and profound" remorse.