Driver Who Hit and Killed Conductor Boris Brott Receives Reduced Sentence

Arsenije Lojovic will serve eight years instead of 10 for the hit-and-run death of Hamilton conductor Boris Brott 

Ontario’s top court has reduced the prison sentence for Arsenije Lojovic, who is responsible for the death of conductor Boris Brott in 2022. The hit-and-run had also injured a 33-year-old suspect and three police officers. 

In a decision made by a three-judge panel at the Court of Appeal for Ontario, Lojovic will now serve eight years instead of 10 for dangerous driving causing death, failing to remain at the scene, and breach of probation, CBC reported. Lojovic had also been convicted two other times for driving-related offences. 

“The recent decision by the Court of Appeal to reduce his sentence by 20 per cent is not just disappointing, it’s dangerous,” Brott’s daughter Alex Brott told CBC Hamilton. “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.”

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

Appeal Court Justice Lise Favreau said Campling’s mistake was when he said Lojovic should’ve known better than to drive in that mental state, and sentenced him to 10 years. 

“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 stated. 

Stephen Whitzman, who represented Lojovic at the appeal court, said the latter will be eligible to apply for parole in August. 

“[The change in sentence shows the court's willingness to] excuse or reduce accountability under the banner of mental illness, without addressing the root issues or implementing meaningful safeguards for the public,” Alex added on behalf of the Brott family. “They are often left with limited support, bleak employment prospects, inadequate means to reintegrate, just more instability and a higher likelihood of reoffending. And the rest of us are expected to bear the risk.”