A Calgary truck driver has been sentenced to 60 days in jail and is prohibited from driving for five years in connection with a deadly crash near Hixon four years ago.
Inderjit Singh Sidhu, 40, pleaded guilty to driving without due care and attention in relation to a fatal accident on Jan. 28, 2013.
"Even though there is no criminal record, there is a driving record," said Judge Susan Mengering. "There is a higher standard of care expected of a professional driver and he has not taken this seriously."
From 2004 to 2013, Sidhu had eight driving infractions including speeding violations.
And since the fatal collision, Sidhu incurred six further convictions including speeding fines and driving without consideration.
"He has been frequently irresponsible when behind the wheel," Mengering said.
On Wednesday, Sidhu was also sentenced to a further two days in jail for failing to appear for sentencing on two separate occasions.
On Jan. 28, 2013, Sidhu was involved in a collision involving two tractor trailer units on Highway 97 near Hixon.
A Surrey man died at the scene.
Wintry and icy conditions were a factor, based on witness statements previously presented by defence council Keith Aartsen.
"Two other trucks also ended up in the ditch that day," Aartsen said. "Mr. Sidhu had a momentary lapse. This is what caused the accident."
However, Crown prosecutor Marie-Louise Ahrens noted that despite the weather conditions, Sindu was still speeding at 107 km per hour with fully loaded trailers, while other drivers slowed down because of the challenging road conditions.
A vehicle inspection also concluded that the vehicle would not have passed an inspection and would not have been deemed safe for various reasons, including worn tires.
Sindu was also faulted for not keeping a proper log book, which included multiple violations.
"Road conditions took a turn for the worst," Mengering said. "The tires should have been ensured as being safe and they weren't. He was driving without due care as compared to others who were driving 37 km and 17 km under the speed limit that day."
Two other trucks ended up in the ditch and one of the drivers provided a statement saying that his life has been heavily impacted since the incident, saying he will never be the same after seeing death in front of him that day.
Along with speed and Sidhu's driving record, the issue of remorse was brought to the court's attention.
According to Ahrens, this was apparent by Sindu's actions, having missed two scheduled court dates.
On July 19, Sidhu said that he did not appear for sentencing because Highway 16 East was closed due to a traffic accident.
Ahrens hecked with Drive B.C. and the RCMP and it was determined that there were no closures along the highway as well as on Highway 5 and Highway 1 to the Alberta border.
Prior to this, Sidhu did not appear in court on May 25 saying he thought he was to have appeared on the 26th, even though it was a Saturday.
A warrant for his arrest was issued. After his arrest, Sidhu was released on June 5 on bail for $5,000. He has been living under house arrest in Prince George with strict conditions until sentencing took place.
Despite the failures to attend, Sidhu did state his remorse since the accident.
"I am remorseful," Sidhu said.
"I knew him. I have talked with the family afterwards and shared my regrets. I am very sorry."
But Judge Mengering referred to Sidhu's driving record, citing a history of disregard and irresponsibility on the road and saying Sidhu needs to learn from his mistakes.
"This did result in a loss of life. There is a need to deter others. They must know that this behavior is not to be tolerated," Mengering said. "Nothing can compensate the value of a life."
Ahrens was seeking a sentence of six months in jail as well as a five-year driving prohibition.
Aartsen was seeking a $1,600 fine and no driving prohibition.
