Drunk driver who left Surrey man paralyzed sentenced to two years less a day
Former longshoreman and father of four needs constant care
A man who pleaded guilty to three charges of impaired driving causing bodily harm related to a crash that left a Surrey father paralyzed has been sentenced to two years less a day in jail.
Christopher Malloy's lawyer and Crown counsel had each recommended a sentence of between 12 and 18 months.
Malloy also pleaded guilty to one count of failing to remain at the scene of an accident.
Last month, Malloy's sentencing hearing in Surrey provincial court was delayed because Provincial Judge Danny Sudeyko said he thought the recommendations were "inappropriate."
Court heard that on Jan. 27, 2015, Malloy was driving with a blood alcohol level three-and-a-half times higher than the legal limit and travelling at speeds between 140 and 152 kilometres per hour in a 60 kilometre zone.
At the same time, Gurbinder Aujla was driving home with his 10-year-old son after the boy's hockey practice.
Malloy's SUV slammed into the back of Aujla's vehicle on Fraser Highway near 148th Street, forcing it into on-coming traffic in the opposite lanes.
Aujla's spinal cord was severed and the father of four was left paralyzed from the chest down.
Accident changed man's life
The former longshoreman now needs an overhead lift to move him between a bed and a chair and requires caregivers to visit his home three times a day.
Auija's son recovered from minor injuries but the judge said it's too early to determine the long term emotional impact on the boy.
Outside court, Aujla said he was pleased the judge handed down a sentence that was tougher than the penalty recommended by the lawyers.
"This was extenuating circumstances considering the guy's speed and how he was racing away from another incident."
Court heard that moments before the crash, Malloy had clipped another car as he tried to speed by it a few blocks away.
Driving history
The judge outlined Malloy's long history of nearly two dozen speeding and alcohol-related violations dating back to 1987.
"It should have been a red-flag," said Sudeyko.
It was also noted in court that Malloy has been drinking daily since age 17.
Aujla's family members say Malloy should have been off the road long before last year's accident.
"I can't believe that it has gone on this long and it wasn't taken care of earlier," said Gurbinder's wife Amy Aujla outside court.
"Maybe after the first 24-hour suspension, he shouldn't be taken off the road but I don't think it should take six or eight or an accident like this for him to get noticed."
Outside court, Malloy's lawyer Sarah Leamon said her client is "extremely remorseful." She said she has not been instructed to appeal the sentence.
"It is outside of the usual expected range but that sentence I think, was made with the hopes of deterring people who are possibly considering drinking and driving," said Leamon.