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

Ontario's top court has reduced the prison sentence for the man responsible for the hit-and-run death of renowned Hamilton conductor Boris Brott.

Arsenije Lojovic will serve eight years instead of 10 for dangerous driving causing death, failing to remain at the scene and breach of probation, according to a a recent decision by a three-judge panel at the Court of Appeal for Ontario.

Brott's family is "disgusted" with the reduction, said his daughter Alex Brott in an email to CBC Hamilton.

"The recent decision by the Court of Appeal to reduce his sentence by 20 per cent is not just disappointing, it's dangerous," she wrote.

"It sends a message that repeat offenders can take lives and still be met with leniency. As a family, we are disgusted. As citizens, we are horrified."

Lojovic had been convicted two other times for driving-related offences.

The Court of Appeal found the Hamilton trial judge, Justice Frederic Campling, made a mistake when sentencing Lojovic, who has bipolar disorder and was experiencing a manic episode when hitting and killing Brott.

Campling erred when he said Lojovic should've known better than to drive in that mental state and sentenced him to 10 years, said appeal court Justice Lise Favreau, who wrote the April 28 decision.

"Mr. Lojovic may be self-aware enough to know when a manic episode is coming and how to avoid harmful behaviour in such circumstances, but this does not increase his moral blameworthiness at the time of the offence," the decision said.

Lojovic was in his early 30s on April 5, 2022 when he took his mom's car from their home in Grimsby and drove to Hamilton. He drove erratically, through red lights and into oncoming traffic at very high speeds throughout downtown.

Driving the wrong way on Park Street, Lojovic hit Brott, 78, as he crossed near his home. Brott was sent flying through the air, landed on the ground and died.

Lojovic didn't stop, but continued driving erratically and too fast, almost causing another collision before police eventually caught up to him, pinning his car between two cruisers. When an officer reached into Lojovic's car for the keys, Lojovic reversed, dragging the officer about 45 metres.

Lojovic was then arrested and charged.

At Lojovic's trial in 2023, he said he didn't remember a lot of what happened and drove away after he hit Brott because he was panicking.

His psychiatrist testified Lojovic's behaviour was consistent with being in a manic state, which included symptoms like increased energy, rapid thoughts and speech, extreme irritability and acting impulsive.

The defence argued Lojovic should receive a sentence of five or six years because his bipolar disorder made it harder from him to control his behaviour.

The Crown said his sentence should be 10 years, because he was aware a manic episode was coming and knew he shouldn't drive. Lojovic was charged in 2009 with impaired driving and in 2020 for dangerous driving. Both instances occurred when he was experiencing manic episodes.

Campling sided with the Crown on 10 years including pre-trial custody, but the appeal court's ruling will bring his total sentence down to eight years.

Stephen Whitzman represented Lojovic at appeal court and told CBC Hamilton he hasn't had a chance to speak to his client yet, but his family is happy with the decision.

He'll be eligible to apply for parole in August, Whitzman said.

Lojovic had also tried to appeal his overall conviction, as the trial judge had refused to consider him not criminally responsible.

"You testified in your own defence, and on your evidence, you knew that you had hit a pedestrian," Campling said in his 2023 verdict.

"You knew that it was bad. You were shocked, and so you continued driving away from the scene. That tells me that you knew what you were doing."

The appeal court upheld Lojovic's conviction.

"It is evident that the trial judge dismissed the application because he did not consider a further assessment was necessary to determine Mr. Lojovic's criminal responsibility, given the evidence he had already heard at trial," the appeal court decision said.

Brott was born in Montreal and lived in Hamilton. At the time of his death, he was artistic director and a conductor with the Orchestre classique de Montréal, having dedicated his life to classical music.

"His brilliance as a maestro was only surpassed by his kindness as a man," Hamilton-born actor Eugene Levy wrote after Brott's death in 2022. "I join the world of music and all Canadians in mourning the loss of Boris Brott."

His daughter, Alex, previously told CBC Hamilton he was "a huge personality" and the "biggest light in the room."

His son David Brott said he brought people together through music.

"He was a passionate guy and that passion was infectious," he said.

The Brott family, through Alex, said the change in sentence shows the court's willingness to "excuse or reduce accountability under the banner of mental illness, without address the root issues or implementing meaningful safeguards for the public."

They called for more support for people who commit criminal offences to integrate back into society.

"They are often left with limited support, bleak employment prospects, inadequate means to reintegrate, just more instability and a higher likelihood of reoffending," Alex said. "And the rest of us are expected to bear the risk."