A driver who left a pedestrian with what police described as “life-altering injuries” a year and a half ago has been sentenced to a $1,500 fine and no driving ban after pleading guilty to driving without due care and attention.
Bo Xu, 64, was driving south on Gilley Avenue shortly before 8 p.m. on Oct. 23, 2020, according to facts presented at a sentencing hearing in Vancouver provincial court Tuesday.
He came to a rolling stop at a four-way intersection at Imperial Street but didn’t see a pedestrian on a crosswalk in the middle of the road.
He hit the pedestrian, who was thrown about 12 metres, according to the facts.
Investigators said the maximum speed Xu could have been going on impact was 45 km/h.
Police at the time described the 37-year-old victim’s injuries as “life-altering.”
Crown prosecutor Phil Sebelin said the man, an electrical engineer, has needed multiple surgeries and still hasn’t been able to return to work.
In a joint submission, however, both Sebelin and defence lawyer West Pryde called for a $1,500 fine and no driving ban.
Sebelin noted Xu doesn’t have a criminal record and has never had his licence suspended.
The only relevant driving infraction on his record – failing to obey a stop sign – was 19 years old, Sebelin said.
While he does have a number of speeding infractions on his record, speeding wasn’t a contributing factor in the pedestrian crash, according to Sebelin.
Pryde noted Xu has a Class 5 driver’s licence and has been driving for 20 years.
“His driving record does not indicate he’s a danger to the public,” he said.
Pryde also noted Xu, who owns a Richmond sign business, plays a major role in taking care or his two grandchildren and supporting his adult daughter.
B.C. provincial court Judge James Sutherland agreed to the fine and no ban, noting the circumstances of the offence, Xu’s personal circumstances, the principles of sentencing and the fact judges are essentially obligated to accept joint submissions unless they are “contrary to the administration of justice.”
Sutherland noted the victim’s dark clothing – the man was dressed in black and wearing a hoodie – made him hard to see, and Xu wasn’t speeding when he hit him.
He also noted Xu has never had his licence revoked for bad driving and that he provides “significant support to two grandchildren and a daughter.”
While speeding wasn’t a factor in the crash, however, Sutherland said he was troubled by Xu’s most recent speeding infraction.
“I do have some concern that his most recent speeding infraction occurred after the incident for which I am sentencing him today,” Sutherland said.
Follow Cornelia Naylor on Twitter @CorNaylor
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