A BC woman who was convicted of a fatal hit despite her “elaborate alibi” that included forged letters and lies about the theft of her truck by a worker, has lost her offer to reduce the sentence .
In a ruling released Wednesday, the BC Court of Appeal rejected Linnea Louise Labbee’s claim that her sentence to two years minus one day in a provincial prison and two years probation was unfit.
In 2016, the court learned that Labbee was driving in Chilliwack when he hit a 73-year-old woman on a crosswalk. Labbee and his vehicle were identified by several witnesses.
“After hitting and driving over the victim, Mrs. Labbee pulled her truck over and stopped. She looked back at (the victim) lying motionless on the ground, but after a while she pulled away and drove directly to a nearby mall “. said the court.
THE FALSE ALIBI
After Labbee’s arrest, he “told an elaborate story” to police and “maintained his false alibi” even during his 2021 trial.
When Labbee pleaded guilty, the trial judge detailed the “smokescreen” created in “an effort to avoid liability.”
First, Labbee left the scene and went to a nearby mall where he had lunch, visited several stores, and chatted with employees. His visit to the mall was captured by surveillance. The judge found that Labbee did this “so that he could tell the police, as he did, that he had been elsewhere during the period of time surrounding the accident.”
Then, after his arrest, the court learned that Labbee had told police that his truck had been stolen and “blamed someone else” and even went so far as to provide a detailed description of the suspect.
“The false alibi was not only dishonest, it lengthened and complicated the investigation,” the judge said.
FALSE LETTERS SENT FROM THE HOME FAX MACHINE
In an attempt to bolster her claim that she was in the mall at the time and that someone else was in charge, Labbee provided a series of letters “setting out detailed narratives in support of her alibi.”
During the trial, the Crown presented the letters as evidence, noting that they “contain misspellings and errors similar” to those that Labbee is likely to make. In addition, some of the letters were shown to come from his home fax machine.
A letter from a bank employee was found to have been forged when a cashier was asked to testify and was denied writing.
HISTORY OF ‘CRIMES OF DONESTY’
In the sentencing, the judge also outlined other issues in deciding that it would not be appropriate for Labbee to serve his sentence in the community. Among them was driving without a license since 2012 and having a criminal record that included “convictions for 12 crimes of dishonesty.”
The judge also rejected the defense’s argument that Labbee’s health should be considered a reason to avoid jail, and described the allegations about his medical condition as “moving sand” and “unreliable.”
In upholding the sentence, the appellate court agreed that while Labbee was not speeding, impaired or reckless when he struck the victim, his subsequent actions were adequately assessed as an aggravating factor.
“She maintained her false alibi in the years leading up to the trial, even falsifying letters from fictitious witnesses and a bank manager to support her. In the letters, Ms Labbee continued to blame someone else. and falsely accused the police of serious misconduct. At trial, Ms Labbee testified and upheld her alibi, “the court documents said.
The appellate court also agreed that there was insufficient evidence to show that Labbee’s health should be considered a mitigating factor, ultimately rejecting the defense’s argument that Labbee’s prison sentence should have been mitigated. to reduce or completely comply with the community.