Sentence reduced for driver who hit and killed Hamilton conductor Boris Brott

The Court of Appeal for Ontario has recently made a decision to reduce the prison sentence for Arsenije Lojovic, the man responsible for the hit-and-run death of renowned Hamilton conductor Boris Brott. Originally sentenced to 10 years for dangerous driving causing death, failing to remain at the scene, and breach of probation, Lojovic will now serve eight years following the appeal court’s ruling.

Brott’s family, particularly his daughter Alex Brott, expressed their disappointment and disgust with the reduction in sentence. Alex stated in an email to CBC Hamilton that the decision sends a dangerous message that repeat offenders can take lives and still be met with leniency. She emphasized that the family is disgusted, and as citizens, they are horrified by the outcome.

The Court of Appeal found that the trial judge, Justice Frederic Campling, had made a mistake in sentencing Lojovic. The court acknowledged that Lojovic has bipolar disorder and was experiencing a manic episode at the time of the incident, which contributed to his actions. The decision stated that Lojovic’s moral blameworthiness at the time of the offence was not increased by his self-awareness of his condition.

The tragic incident occurred when Lojovic, in his early 30s, drove erratically through downtown Hamilton, ultimately hitting and killing Brott as he crossed the street near his home. Despite the collision, Lojovic continued driving recklessly, almost causing another collision before being apprehended by police. He was arrested and charged following the incident.

During the trial, it was revealed that Lojovic’s actions were consistent with being in a manic state, characterized by increased energy, rapid thoughts and speech, extreme irritability, and impulsive behavior. His defense argued that his bipolar disorder made it difficult for him to control his actions, while the Crown pushed for a 10-year sentence due to his awareness of the potential consequences of driving in his condition.

The appeal court’s decision to reduce Lojovic’s sentence to eight years will make him eligible for parole in August. Despite attempts to appeal his overall conviction, the court upheld the conviction, citing the trial judge’s dismissal of his plea of not being criminally responsible.

Brott, a beloved conductor and music director, was remembered for his brilliance as a maestro and kindness as a man. His family described him as a passionate and infectious personality who brought people together through music. They expressed their disappointment in the court’s willingness to excuse or reduce accountability under the guise of mental illness, calling for more support for individuals who commit criminal offenses to reintegrate into society effectively.

The Brott family’s sentiments reflect a broader concern for the lack of support and resources available for individuals transitioning back into society after serving their sentences. They emphasized the importance of addressing the root issues and implementing meaningful safeguards to prevent future incidents and promote successful rehabilitation.