A Surrey dad whose life was forever changed by a drunk driver has renewed hope for justice after the driver's sentence was delayed.
Gurbinder Aujla was paralyzed after he and his son were struck by an SUV in January 2015. Aujla's 10-year-old son received only minor injuries, but the father of four was told he will never walk again.
The man driving the SUV, 52-year-old Christopher Malloy, pleaded guilty to three counts of impaired driving causing bodily injury and one count of failing to remain at the accident scene. A judge was expected to hand down Malloy's sentence on Wednesday, three weeks after the court heard the driver had a history of roadside driving prohibitions.
Tests also showed he had a blood-alcohol level between three and five times higher than the legal limit at the time of the crash, the Crown said.
It is estimated that Malloy was driving at a speed between 140 km/h and 152 km/h, in an area with a speed limit of only 60 km/h.
"The speed that he was going…I could have been dead," Aujla recalled.
But the judge surprised Aujla and others gathered at the Surrey courthouse to learn Malloy's fate Wednesday, saying that he had concerns about the range of sentence lawyers had asked for.
"It kind of feels like the judge wants to give a higher sentence and that's good," Aujla said.
During sentencing submissions, both the Crown and defence had asked for between 12 and 18 months of jail time for the accused. In separate submissions, the Crown recommended a sentence on the higher end of that range, and the defence hoped for something on the lower end.
The judge asked for further submissions, but the Crown prosecutor declined, later telling reporters her earlier submissions were complete and thorough.
But on the day that the sentence was due, the judge told the court that the range proposed was "not appropriate for this particular case."
Bob Rorison, the president of Mothers Against Drunk Driving's Metro Vancouver chapter, said imposing a harsh sentence could be used as a warning for those who consider driving while impaired.
"We need to set an example. The only way you can set an example is offering a stronger prison sentence," he said.
Rorison said someone caught driving while impaired has likely driven while intoxicated many times before.
"Most impaired drivers have done it at least 100 times, possibly more."
Malloy has six prior 24-hour roadside suspensions.
Aujla and his wife, Amy, plan to be back in court next month when a sentence is handed down.
"I'm hopeful that this means we are taking a step in the right direction," Amy said.
