It was an emotional morning in Richmond Provincial Court at the sentencing hearing for the driver who killed a 61-year-old Richmond woman.
The 42-year-old driver, Sundeep Singh Mann, appeared in person on Friday, June 28 for his hearing.
The victim's family members were also present in the courtroom.
The court heard that, shortly after midnight on Sept. 2, 2020, Mann's white SUV crossed the centre line and hit a northbound vehicle head-on just outside the north end of the George Massey Tunnel.
Maintenance work was being done in the tunnel and the northbound lanes were closed. Northbound traffic was diverted to the southbound lane and traffic in both directions was reduced to one lane.
Signage was put up to alert drivers of the work and the reduced speed limit posted at the Steveston on-ramp was 60 kilometres per hour, the prosecution told the court.
Witnesses at the scene recalled seeing Mann's SUV bypass traffic and observed the digital speed reader indicating Mann was driving at 109 kilometres per hour.
Alcohol was found in Mann's blood when he was sent to the hospital for treatment.
The victim was heading home with her husband after dinner, the court heard. The victim, who was driving, was pronounced dead at the scene after suffering from several blunt-force traumas. Her husband, the passenger, was sent to the hospital with serious injuries including broken bones.
Photos of the crash were submitted as evidence. One photo, a close-up of the driver's seat of the victim's vehicle, was described by the prosecution to show the framing of the car cab crumpled into a 90-degree angle and a portion of the vehicle was pressed into the driver's seat.
On July 21, 2023, Mann pleaded guilty to one count of dangerous operation causing death and one count of dangerous operation causing bodily harm. He had faced other charges that included impaired driving.
He was originally scheduled to be sentenced in December 2023 but was adjourned to February this year. It was ultimately adjourned again to June 28.
'The whole family is paying for your mistakes,' says granddaughter of victim
There were no dry eyes in the courtroom as the court heard from the victim's husband, daughter and two granddaughters.
The court heard the accident left the victim's husband with "a huge void" and he had "spent every day together" with his wife of more than 40 years. The husband continues to suffer physical consequences from the accident as well as financial impact.
"Our family now needs closure," reads the impact statement by the victim's daughter. "No matter what we say or do, it can never bring her back. Our lives will never be the same again."
The victim is remembered by her granddaughters as "one of the most beautiful and selfless" people who enjoyed making big, elaborate meals for her family and "always put people first."
Her two granddaughters, who read out their victim impact statements in court, recalled their devastating experiences on the night of the collision.
"Not being able to say goodbye is the most painful part. I miss her every day," one said, adding that Mann's actions took away things she "will never get to experience" such as her grandmother's home-cooked meals and "her beautiful spirit."
"My heart is heavy because I never got to tell her how grateful I am for her and how amazing of a person she is. She didn't deserve to leave us so soon."
The victim's eldest granddaughter also told the court the way she lost her grandmother was "something no one should ever experience."
"This broke our family," she said, adding that Mann "ruined (her) life."
"The whole family is paying for your mistakes and for the rest of our lives. How is this fair?"
She spoke of the difficulties for her to move on and told Mann he also "killed the hearts in (her) family."
"We're all still broken, and I don't think we'll ever truly get fixed," the victim's eldest granddaughter added.
Conditional sentence can allow driver to pay off hefty debt, says defence
The prosecution sought concurrent jail sentences of 18 months for dangerous driving causing bodily harm and two years for dangerous driving causing death, as well as a five-year driving ban.
Mann had "high moral blameworthiness" in this case, noted Crown counsel Patrick Fullerton.
The prosecution accepted Mann was genuinely remorseful but questioned his decision to refer to the events as an "accident." The defence, on the other hand, said it was an "overly strict parsing" of his language and told the court Mann has cried "every single day" from his guilt.
Mitigating factors, said the prosecution, include Mann's early guilty plea and community support.
However, the prosecution considered Mann's conduct at the incident, which included driving at a high-rated speed in an area under maintenance, the fact that he was seen "swerving back and forth" after passing several vehicles and the alcohol found in his blood, to be an aggravating factor along with the several driving-related infractions in his record and the "profound" impact on the victim's family.
The defence, on the other hand, asked for a conditional sentence including a one-year house arrest and "significant curfew."
The court heard Mann's circumstances, including the fact that he is facing stress and financial struggles due to an ongoing bitter divorce and custody battle, as well as a failed restaurant business.
A conditional sentence, said defence, would allow Mann to embark on a new career path and keep working to pay back his $150,000 debt from business and family court expenses. Defence also added incarceration would have an impact on Mann's children, who would lose time with him.
Mann's character references described him as someone "known for kindness and generosity" and a family man, defence told the court. The court was also told that Mann didn't stop drinking immediately but had periods of sobriety following the crash. He has been sober for several months in 2024.
The sentencing hearing concluded with Mann addressing the court and the victim's family.
"I am deeply sorry for my actions," he said, adding that he acknowledged the harm his actions have caused both to the victim's family and his own.
Richmond Provincial Court Judge Diana Vandor is scheduled to sentence Mann on July 3.
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