While her father’s and children’s killer may have received a 10-year prison term, Jennifer Neville-Lake is already serving a kind of life sentence.

Her last moments with her two youngest children were in the hospital, their beds next to each other and their hands intertwined, as they were taken off life support while family and friends sang “Over the Rainbow.”

“None of my children saw 10 years. None,” she told reporters Tuesday after Superior Court Justice Michelle Fuerst imposed the sentence on convicted drunk driver Marco Muzzo in a Newmarket courtroom.

“When you choose to drink and drive, you’re hurting other families. You’re killing someone else’s babies … like all of mine were killed on a beautiful Sunday afternoon just after 4 o’clock,” Neville-Lake said outside the courthouse after the sentencing.

With credit for time served in custody since the Sept. 27 crash, Muzzo, 29, still has 9 years and 4 months left to serve.

He is eligible to apply for full parole after having served one-third of his sentence (about 3 years), and can apply for day parole six months prior to that (after having served about two-and-a-half-years).

Muzzo was also banned from driving for 12 years.

Public reaction to the penalty was predictably swift and angry, with many noting that it was too light and nowhere the near maximum punishment for impaired driving causing death, which is life in prison.

But from a legal standpoint, lawyers and advocates noted that it was one of the highest sentences for this type of crime in Canadian history, and perhaps the stiffest for an individual with no prior criminal record and who pleaded guilty.

“I don’t think we’re going to see another case like this in the near future where someone necessarily attracts a 10-year sentence, but I think Justice Fuerst’s sentence sends a message that the tariff has gone up for these types of offences in Ontario,” said criminal defence lawyer Daniel Brown, who was not involved in the case.

Muzzo pleaded guilty in February to the Vaughan crash that killed Daniel Neville-Lake, 9, Harrison, 5, Milagros, 2, and their 65-year-old grandfather, Gary Neville. Their grandmother, who was driving, and great-grandmother were also seriously injured in the crash.

Court heard that Muzzo’s blood-alcohol content was nearly three times the legal limit when he ran a stop sign and crashed into the family’s minivan. He had picked up his vehicle at Pearson airport after returning from his bachelor party in Miami on a private plane.

Dressed in a black suit and dark blue shirt, Muzzo showed no emotion as he was asked to rise in the prisoner’s box Tuesday morning to receive his sentence before a packed courtroom, including a large contingent seated with his mother, Dawn, and fiancée Taryn Hampton.

He briefly glanced at them as he was led away in handcuffs, while the Neville-Lake family sobbed on the other side of the courtroom.

“For as long as Mr. Muzzo has been alive, courts have warned about the consequences of impaired driving,” Fuerst said.

“Yet the message escaped him. It is important that it does not escape others. The high degree of Mr. Muzzo’s moral blameworthiness, combined with the enormous and far-reaching consequences of his offences, sets this case apart from others.”

The Crown had asked for a sentence of 10 to 12 years in prison, while the defence requested 8 years. Muzzo does not intend to appeal. His lawyer, Brian Greenspan, told reporters his client “fully accepts” the sentence.

“The judge chose, as a result of a balance between the aggravating and mitigating factors in this case, to impose a sentence of 10 years and certainly that’s within the range of acceptable sentence and the range of sentence that is beyond review,” he said.

It was the culmination of a high-profile case, which attracted widespread attention not only because of the young age of most of the victims, but also because of Muzzo’s wealth and status — he was granted bail on a $1-million recognizance for a period of about three weeks last month after pleading guilty.

The Muzzo family, active in the construction and development industry, is worth about $1.8 billion, according to Canadian Business magazine.

It was perhaps because of this extra attention that the judge received several unsolicited letters and emails from members of the public prior to sentencing — communications she described as “improper,” and led her to stress that they had no bearing on her ruling.

“Muzzo better get 25 years or more with no chance of parole (or) there’s going to be a problem,” reads one email sent directly to Fuerst, which was entered as an exhibit along with the other letters.

In coming to her decision, Fuerst noted as aggravating factors Muzzo’s decision to drive rather than take a taxi or limousine at the airport, coupled with his high blood-alcohol content and his history of driving offences, including 10 convictions for speeding. (These are known as provincial offences and do not lead to a criminal record.)

“This indicates an irresponsible attitude toward the privilege of driving,” she said. “His previous convictions for speeding should have deterred him from driving above the speed limit on Sept. 27. They did not.”

She balanced that against mitigating factors, including the fact that Muzzo has no prior criminal record, pleaded guilty fairly early in the legal process, and has expressed “deep and genuine remorse.” A psychiatrist also concluded that he is at a low risk to reoffend.

While there is no exact range for impaired driving causing death, many accused persons, especially those with no prior criminal record, have typically received sentences of between five and eight years.

But Fuerst noted that higher courts have been upholding stiffer penalties as the problem of impaired driving persists, and have given trial judges wide latitude in how they reach their sentence.

“Drinking-and-driving offences are often committed by otherwise law-abiding people,” she said. “Such persons are the ones who are most likely to be deterred by the threat of substantial penalties.”

In fact, just as Fuerst was concluding, York Regional Police issued a news release saying 13 people were arrested for alcohol- and drug-related driving offences over the long weekend.

Jennifer Neville-Lake, the mother of three children killed by a drunk driver, made a tearful plea for people to consider the consequences of drinking and driving after the man responsible for the crash was sentenced to 10 years in prison on Tuesday.

The children died — along with Neville-Lake’s father, 65-year-old Gary Neville — when the family minivan they were travelling in was hit by an SUV driven by Marco Muzzo last September.

“Ten years, all I can keep thinking in my head is my son never made it to 10 years,” she said during a brief but emotional address. “His sentence is 10 years, and none of my children saw 10 years. None.”

Speaking outside the Newmarket courthouse, Neville-Lake showed reporters a book labelled “My consequences” that she had filled with photos of her children Daniel, 9, Harrison, 5, and Milly, 2.

“This was a choice,” she said, holding back tears. “Choices are actions that have consequences, and so I’d like to show you this.”

As she turned each page, Neville-Lake told the story of all the choices she or others had made that led to the deaths of children.

My dad’s choice

“It starts off with my dad’s choice. He chose to marry my mother.”

My dad’s actions

“He chose the three of us, he chose to have my brother, my sister and myself.”

My choice

“Was Edward. We chose to get married on Oct. 2, 2005, which if you do the math, by our 10th wedding anniversary Marco Muzzo had already killed our family at our 10-year mark.”

My actions

“My three kids. This is a photo, the last photo we took, of the car we traded in that we had for nine years, that we traded in for the van that they were killed in the night that they were killed.”

Drunk driver Marco Muzzo’s actions

Neville-Lake replaced letters in Muzzo’s name with symbols.

“I really don’t want to say his name if I don’t have to,” she said taking a deep breath.

“The other part with the choice, of the actions, is there’s always a consequence,” she said, holding up a picture of the destroyed car members of her family were killed in.

My consequences

“These were my consequence,” she said, fighting back sobs as she showed the media a close-up picture of her two children, Milly and Harrison, holding hands in the hospital.

“My children never took a bad picture, even when they were dying.”

On the next page was a picture of her children’s three urns.

“So just please keep in mind, when you choose to drink and drive, you’re choosing to kill someone else’s babies, like mine were killed. Like all of mine were killed, on a beautiful Sunday afternoon just after 4 o’clock.’

“Please don’t do that.”

More than four months after she lost her three children and father in a fatal car crash, there are six words Jennifer Neville-Lake is no longer afraid to say: “A drunk driver killed my family.”

Until this week, she had hesitated to pronounce that sentence in public, as the case against Marco Muzzo , the 29-year-old accused of causing the Sept. 27 crash in Vaughan, moved through the courts.

Muzzo pleaded guilty Thursday in Newmarket to impaired driving causing the deaths of 65-year-old Gary Neville and his three grandchildren: Daniel Neville-Lake, 9; Harrison Neville-Lake, 5; and Milagros (Milly) Neville-Lake, 2.

Muzzo also pleaded guilty before Superior Court Justice Michelle Fuerst to impaired driving causing bodily harm to the children’s grandmother and great-grandmother.

He was then released on a $1-million recognizance until his Feb. 23 sentencing hearing. When he exited the courthouse wearing a dark suit and light-blue shirt, walking closely behind his mother, Dawn, amid a swarm of reporters, it was the first time the wider public had a glimpse of Muzzo since his arrest.

Muzzo had regularly appeared in court since September, usually by video from jail, but his lawyers had repeatedly asked for adjournments.

“I was afraid to call him what he is, a drunk driver, but now I can say that, and I don’t have to be afraid to say that anymore,” Neville-Lake, accompanied by her husband, Edward Lake, told reporters outside the courthouse.

A toxicologist found that Muzzo would have had between 190 and 245 milligrams of alcohol per 100 millilitres of blood at the time of the collision, nearly three times the legal limit, court heard.

The charge of impaired driving causing death carries a maximum prison sentence of life, while bodily harm has a maximum sentence of 10 years. The Crown and defence will make submissions on sentencing at the end of the month, and Fuerst will ultimately decide on the penalty.

Neville-Lake said it was “unfortunate” that Muzzo is now out on bail, but said she was relieved that one of his bail conditions is that he stay away from her family.

There was immediate backlash online when Fuerst ordered Muzzo released, but both she and his lawyer, Brian Greenspan, said he was not receiving any special treatment due to his status. Fuerst noted that the case has received widespread public attention since the crash.

The Muzzo family owns the construction company Marel Contractors and condominium builder Pemberton Group and is worth nearly $1.8 billion, according to Canadian Business magazine.

“This is not only routine, this would have happened with virtually anyone who has roots in the community regardless of status, regardless of wealth, regardless of any other issue,” said Greenspan.

Muzzo’s sureties are his mother, Dawn — with whom he was ordered to live at her Kleinburg home — and the parents of his fiancée, Taryn Hampton, who split the $1-million recognizance. Greenspan said Muzzo and Hampton will not be getting married while he’s out on bail.

Other conditions of his release include a curfew, abstaining from alcohol and being prohibited from driving.

An accused can ask for bail at any point before sentencing, but obtaining it for the first time between a plea and sentencing is rare, said criminal defence lawyer Daniel Brown, who was not involved in the case.

“Without a doubt, Mr. Muzzo’s ability to pledge significant money helped him obtain bail,” he told the Star.

“It must be remembered that he and his family can lose the money they pledged towards the bail if he does not follow each and every term of his bail conditions. Regardless of the money offered, the court must also be satisfied that his family members will supervise him strictly.”

Crown attorney Paul Tait said in court that Muzzo “has some medical issues” that require him to attend appointments prior to the sentencing hearing. Greenspan wouldn’t offer specifics to reporters, other than to say his client has experienced “noticeable and obvious weight loss.”

Muzzo, standing in the prisoner’s box directly in front of his mother, said very little in court Thursday, other than to pronounce a barely audible “guilty” when asked for his plea. The Muzzo and Hampton families were surrounded by what appeared to be a private security detail, as they have been during their previous appearances at the courthouse.

Muzzo was travelling home to Vaughan in his Jeep Cherokee on the afternoon of Sunday, Sept. 27, after landing at Pearson airport in a private jet from Miami, according to an agreed statement of fact filed in court.

Muzzo ran a stop sign at the intersection of Kipling Ave. and Kirby Rd., crashing into the Dodge Grand Caravan driven by Jennifer Neville-Lake’s mother, Neriza Neville, who was heading westbound, sending the minivan into a ditch.

Neriza Neville’s mother, Josephina Frias, was sitting in the front seat, the two Neville-Lake boys were in the middle row, and Milly and her grandfather, Gary Neville, were sitting in the back, according to the agreed statement.

Muzzo applied the brakes 3.7 seconds before impact, according to the statement, but was still travelling at a speed of 85 kilometres per hour when he hit the minivan.

According to a police officer at the scene, Muzzo was unsteady on his feet, had glossy eyes, was losing his balance, had urinated on himself and smelled of alcohol.

Neriza Neville suffered a number of injuries, including fractured ribs, and is recuperating at home with ongoing neck and shoulder pain. She now suffers from anxiety.

Her mother, Josephina Frias, spent two weeks in hospital, then five weeks at a rehabilitation centre. She suffered significant memory loss and continues to suffer from a brain bleed.

Edward Lake and Jennifer Neville-Lake have chosen to mark their children’s birthdays and her parents’ wedding anniversary these last few months despite the loss of their loved ones.

Wednesday, the day before Muzzo’s guilty plea, was no different. It would have been Daniel’s 10th birthday. He was looking forward to celebrating with friends at Laser Quest. Instead, his parents were marking the occasion at his grave.

“(Muzzo) chose to do this. He chose to drive impaired,” she said. “Harrison, Daniel, Milagros, my dad — they can’t be brought back.”

Lawyers for convicted killer drunk driver Marco Muzzo are arguing that the family of the three children and grandfather who died at Muzzo’s hands should not be entitled to more than a third of the damages they are seeking in a $25-million lawsuit .

In a statement of defence for the deadly 2015 car crash in Vaughan, Muzzo and his family’s drywall business, which is also being sued, admit liability for the collision but say they want a trial for an assessment of the damages.

They argue that the family of the victims should not be eligible to receive all of the damages they are seeking because Muzzo has already been punished by being imprisoned.

“The plaintiffs’ damages, if any, should be reduced by the amount of any collateral benefits they received or are entitled to,” says the brief statement of defence, filed in Superior Court.

“The plaintiffs are not entitled at law to recover punitive or exemplary damages in view of Muzzo’s criminal conviction and lengthy incarceration in a penitentiary arising from his conduct leading to the subject accident.”

Their argument would target at least $10 million being claimed by the plaintiffs.

Muzzo, whose family is worth nearly $1.8 billion according to Canadian Business magazine, pleaded guilty last year to several counts of impaired driving causing death and bodily harm and was sentenced to 10 years in prison .

Daniel Neville-Lake, 9, Harrison, 5, and Milagros, 2, along with their 65-year-old grandfather Gary Neville, were killed in September 2015 when a drunken Muzzo blew through a stop sign and crashed his Jeep Cherokee into the minivan being driven by the children’s grandmother, Neriza Neville.

She was seriously injured along with her mother, Josefina Frias.

Muzzo had been returning home after landing in a private jet from his bachelor party in Miami, court heard after he pleaded guilty.

A toxicologist found that Muzzo would have had between 190 and 245 milligrams of alcohol per 100 millilitres of blood at the time of the collision, nearly three times the legal limit.

He is being sued by the children’s parents, Edward Lake and Jennifer Neville-Lake, as well as by Jennifer’s mother Neriza Neville, brother Jonathan and sister Josephine.

None of the allegations in the plaintiffs’ statement of claim have been proven in court. They are requesting that the civil trial be heard by judge and jury. Their new lawyer, Wendy Sokoloff, declined to comment for this article. Muzzo’s civil lawyer did not return a request for comment for this article.

Muzzo’s family company Marel Contractors is also being sued. The plaintiffs allege that the company owned Muzzo’s vehicle.

They also alleged in their statement of claim last year that Marel was negligent by failing to ensure the vehicle was fit to be driven on public roadways, including making sure that the brakes were in proper working order. The defendants denied the negligence allegations in their statement of defence.

BEIJING, Feb. 28 (Xinhua) — Which lessons have China learned from its successful battle against poverty? New China Research, the think tank of Xinhua News Agency, released a research paper on Sunday to shed light on the rationale for China’s anti-poverty drive, including the following four conclusions:

OPTIMAL DISTRIBUTION MAKES DEVELOPMENT BETTER FOR POVERTY REDUCTION

The practice of poverty alleviation around the world has proved that economic development alone does not necessarily equate to poverty eradication. Wealth has been snowballing, but poverty has become increasingly like a fortress. How should we solve this huge imbalance? The answer is optimal distribution.

“You make a cake to divide it, and dividing it properly will promote the baking of a bigger cake.” This clear logic runs throughout the history of poverty alleviation in China.

China’s basic economic system sees public ownership play a dominant role with diverse forms of ownership developing side by side. It allows China to continuously explore new paths of “optimal distribution.”

China has also benefited greatly in this process. By seizing the most important relationship between distribution and production, China has achieved a medium-high rate of economic growth in tandem with the elimination of absolute poverty, and has laid a solid foundation for future high-quality development.

GOVERNMENT AND THE ENHANCEMENT OF PRO-POOR TRAITS

Under the market economy, the market plays a decisive role in the allocation of resources and is an important force in poverty alleviation. However, the market allocation of resources is based on the principle of efficiency. Poor areas and poor people are often unable to participate in the market effectively or even excluded from the market altogether due to their remote geographical location, backward infrastructure and insufficient development capacity, and thus are in a weak position in the overall distribution pattern.

“Capable governments” are needed to adjust the primary distribution and create a more efficient redistribution. In addition to the advantages of top-level design to mobilize, organize and guide poverty alleviation, the government can also influence the allocation of resources by improving their mobilization and availability.

The main means are to increase the supply of public services, improve the precise allocation of poverty alleviation resources, introduce pro-poor policies, stimulate social investment, and promote the transfer of asset returns in order to increase opportunities for impoverished communities and individuals to access the factor and product markets and reduce risks and vulnerability.

PRO-POOR MARKET ACTIVATES POTENTIAL FACTORS OF PRODUCTION IN POVERTY-STRICKEN AREAS

Under a pro-poor market mechanism, trading barriers are continuously broken, trading links are continuously ironed out, and transaction costs are continuously reduced, thus creating favorable conditions for production and unleashing productivity in poverty-stricken areas.

A “winning formula” in China’s poverty alleviation efforts was holding onto positive dialectical thinking and improving the pro-poor market mechanism under the guidance of the government. Meanwhile, the “burden” of poverty has been turned into a source of potential, and human and natural resources in poor areas have become a means to achieve common development and prosperity. At the same time, the Chinese government, through funding, resources and services, among others, has implemented precise measures to help poor individuals who have the ability to work cross the market threshold and complete the transformation from a natural person to a “market person.”

OPTIMAL DISTRIBUTION MAKES POVERTY REDUCTION BETTER FOR DEVELOPMENT

Poverty alleviation has helped the “unified national market” in China expand capacity, providing new drivers for the economic cycle. By improving infrastructure and technological innovation, poor areas are better able to integrate into the market, open up and accept market resources from outside regions, and increase their production capacity.

The participation in the market by those living in deep poverty has increased in depth and scope, their labor skills have improved, and their ability to reduce poverty has grown. Income growth has expanded, and those living in poverty have successfully achieved a higher rate of income growth than that of society as a whole.

Their increased consumption capacity and demand as well as income growth are directly projected into market activities, promoting production and exchange, and creating realistic conditions for optimal distribution. Enditem