A farm equipment driver who pleaded guilty to dangerous operation of a vehicle in connection with the death of woman travelling in a car on a dark, rural road in Delta in 2021 will be sentenced in October.
Joan Sherry, 77, died at about 9:45 p.m. when her 2019 Nissan Sentra struck a BC Frozen Foods-owned combine in the area of Highway 17A and Ladner Trunk Road on Oct. 1, 2021.
Son Norm Sherry said the Crown is seeking two year conditional sentence for Jasdeep Singh Sandhu, followed by two years probation, and a five year driving ban.
He said the defense is asking for three years probation, including a condition where he's not allowed to drive a farm vehicle.
"I feel that both these recommendations do not fully reflect the gravity of this crime and the tragic effects it has had on our family," he said. "There is no case law to go by regarding what happened to our mother, and we feel that some form of jail time would be appropriate, so as to set the standard from here on out, and ensure that others are deterred from similar, criminal reckless acts like this from now on."
He said no one should have to go through what his family has endured.
"Our mother was so amazing, we love her very much, and she's the type of person that saw the best in everyone, as well as the best in any given situation, and deep down, I know she would feel that if her death can prevent even one person and their family from having to go through such a terrible tragedy, then she would rest in peace," Norm Sherry said, noting Snadhu would not look him in the eye as he gave his victim impact statement.
"Mr Sandhu plead guilty because that's exactly what he is.. guilty.. he is responsible for my mother lying beside her obliterated vehicle on the highway with a yellow tarp over her, until the early hours of the morning," he said.
Delta Police Department (DPD) records obtained by Norm Sherry showed the vehicle was operated by Sandhu.
Sandhu, now 27, was charged with dangerous operation of conveyance causing death July 18, 2023.
Records obtained by Norm Sherry said the combine should not have been on the road, and that its operators disobeyed at least two provincial regulations.
The records noted after the investigation was complete, criminal charges were deemed not appropriate and no criminal charge recommendation was forwarded to Crown prosecutors.
At the time, DPD Insp. Heath Newton said investigation evidence did not meet Criminal Code charge-approval standards and that other enforcement action was taken.
He said that action included an order for the vehicle to be inspected for safety defects and repairs before it could move again, a violation ticket to the driver for not having rear lights, a violation ticket for failing to display flags on an oversized vehicle and a violation ticket for failing to properly equip a vehicle.
"The company he worked for, BC Frozen Foods, actually tried to sue my mother's insurance for damages to their Harvester," he said. "So there was no remorse at all, and over the past 1,068 days not once did the defendant or BC Frozen Foods try to reach out and offer condolences to our family for killing our mother. These are the type of people we're dealing with. The guilty plea rings hollow.
Still, Norm Sherry pursued why that decision was made and what merits charges in such a case.
That led the DPD to seek an independent review of the file
The Vancouver Police Department traffic division conducted a review of the DPD investigation. That led to a recommendation that a report should be forwarded to Crown counsel for charge assessment.
However, Norm Sherry remains highly critical of the DPD and the justice system.
"Things need to change in how victims families are treated, investigations are done, and we need stricter sentence recommendations by Crown when dangerous driving causes a fatality, especially with farming vehicles," he said. "Hopefully when that happens, it too will provide a hand in making sure that other families don't have to go through what we did, because ultimately myself and my family just want truth, accountability, and to protect the public out there."
The sentencing date before Judge Reginald Harris is due to be determined Sept. 4, court records show.
Sandhu is not in custody.
