A farm equipment driver who pleaded guilty to the dangerous operation of a vehicle in the death of a woman travelling in a car on a dark, rural road in Delta has been given a suspended sentence and three years’ probation.
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.
The Crown had sought a two-year conditional sentence for Jasdeep Singh Sandhu, followed by two years’ probation, and a five-year driving ban.
The defence asked for three years’ probation, including a condition where he's not allowed to drive a farm vehicle.
Surrey Provincial Court Judge Reginald Harris also ordered Sandhu to pay a $200 victim surcharge.
Son Norm Sherry said no one should have to go through what his family has endured and highlighted problems with B.C.’s justice system.
“I am very disappointed with this decision handed down by the judge, because not only does it set a dangerous precedent for any future cases that involve fatal accidents with farming vehicles that have no business being on the road,” he said.
“[But] the judge prolonged our family's suffering by making us wait two extra months from the previous sentencing date, only to hand down this disgraceful decision, which was less than what Crown was even recommending.”
Norm Sherry said the situation has been a “challenging and painful battle.”
“It is clear that these actions fail to address the crucial need for deterrence against criminal negligence, particularly when it comes to operating unsafe and dangerous vehicles.”
Still, Norm Sherry said, the family now has some closure and there has been “some form of accountability, and this convicted individual has to live every day for the rest of his life knowing he killed a wonderful mother, and an amazing kind, and loving human being who always saw the best in everyone.”
“I also know that my mother’s feelings about all this would be that if her death prevents even just one family from having to lose a loved one tragically, and go through what we did, then she would rest in peace,” he said.
He said the sentence included a curfew for one year, a ban on nighttime driving, as well as a ban on operating anything larger than a four-door vehicle for a year.
"He must also complete 150 hours of community service and carry a paper record of his probation wherever he goes," Norm Sherry said.
Delays in prosecution
Sandhu was charged with dangerous operation of conveyance causing death July 18, 2023 — after a .
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, Delta Police Department (DPD) Insp. Heath Newton said the 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 ticket to the driver for not having rear lights, a ticket for failing to display flags on an oversized vehicle, and a ticket for failing to properly equip a vehicle.
"The company (Sandhu) worked for, BC Frozen Foods, actually tried to sue my mother's insurance for damages to their harvester," Norm Sherry said earlier. "So there was no remorse at all . . . 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.”
Norm Sherry pursued why the initial decision not to lay charges was made and what merits charges in such a case. That led Delta police 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.
