A British Columbia hit-and-run driver caught violating a driving ban and placed under house arrest will not be sent to jail.

Marcel Genaille, 38, pleaded guilty last year to leaving the scene of a June 2021 collision that left 59-year-old James “Mark” Peters dead.

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He was given an 18-month suspended sentence to be served in the community, including eight months of house arrest and a ban on driving except for work.

But he then admitted committing two breaches of his suspended sentence order (CSO) in September – after being stuck in the driver’s seat of an uninsured vehicle four hours outside curfew hours.

He was wearing a Hawaiian shirt, had just filled up and was driving in the opposite direction from his home, 1.5 kilometers away.

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At a hearing in October, Genaille also admitted to giving his probation officer inaccurate information about where he was living in September.

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On Tuesday, British Columbia Provincial Court Judge Andrea Brownstone said Genaille demonstrated a lack of understanding of the privilege afforded to him by serving his sentence in the community.

Brownstone found that Genaille had demonstrated a “very negligent attitude toward respecting” his CSO.

But even though he had violated the order, Brownstone found that he had not participated in any criminal activity and would give him another chance to follow the rules.

“It’s a prison sentence served in the community,” she told Genaille. Further violations “will likely lead to termination” of the suspended sentence, she added.

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Crown prosecutors had argued for Genaille’s CSO to be revoked and for him to complete the remainder of his sentence in prison, calling his behavior “incredible.”

Genaille, in detention since September 27, was fired on October 8.

As he no longer has a job, he is now prohibited from leaving his house for any reason.

At the initial sentencing hearing for the hit-and-run, court heard Genaille hit Peters’ motorcycle at a red light in Burnaby, throwing the victim 17 meters.

Genaille fled, leaving his bumper and license plate behind, before finally abandoning the vehicle.

Court heard Genaille initially went to the Burnaby RCMP detachment after the collision but denied any involvement. Instead, he claimed he was in his recovery house that night.

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