NEW WESTMINSTER — A man who pleaded guilty to failing to remain at the scene of a Surrey traffic accident that has left a woman in a nursing home suffering from traumatic brain injuries has been sentenced to 70 days in jail, to be served on weekends.
After that, he’ll be on probation for one year. He must also do 60 hours of community service, is prohibited from driving for nine months and has to pay a victim surcharge of $100.
The victim, Blanca Duran, is unable to communicate and requires 24-hour care. The crash happened on Sept. 30, 2013, in the 8200-block of 144th Street.
Her sister, Gladys Duran, is her primary caregiver. She told the court Blanca has no cognitive functions, doesn’t recognize family members and is completely dependent on others for medical and personal care. She explained the emotional burden she carries each day as her sister no longer recognizes her and is not even aware of her presence.
Bal Krishna Naidu was the driver and sole occupant of his girlfriend’s car, a 2005 Honda Accord. The Honda struck Duran, a pedestrian, rendering her unconscious at the scene and suffering from a traumatic brain injury, a skull fracture, internal bleeding, multiple contusions and abrasions to her nose, upper lip and lower limbs.
Naidu pleaded not guilty to failing to stop at the scene of an accident, under the Criminal Code, but pleaded guilty to failing to remain at the scene of an accident, under the Motor Vehicle Act. The sentencing was in B.C. Supreme Court in New Westminster, with Justice Paul Pearlman presiding.
“In my view, the seriousness of this offence calls for a jail sentence,” the judge decided. “However, while the term of imprisonment must be proportionate to the severity of the offence and the degree of Mr. Naidu’s responsibility, it must also take into account all of Mr. Naidu’s circumstances.
“Seven persons depend on Mr. Naidu for their support,” Pearlman noted. “The loss or a prolonged disruption of his employment would cause them and Mr. Naidu very significant hardship. In my view, this is an appropriate case for the imposition of a sentence to be served intermittently.”
Duran had been wearing black clothing and the road was wet with rain. Police also confirmed Duran would not have been visible to a motorist. Pearlman said there’s no suggestion Naidu was responsible for the accident, but he didn’t remain at the scene, give his name or address or help Duran.
The crash happened at 7:38 p.m., the court heard. Neighbours called emergency 911 and rushed to help Duran. An ambulance was dispatched at 7:42 p.m. and took her to Royal Columbian Hospital at 8 p.m.
The court heard that after the crash, Naidu stopped at a Petro Canada gas station at 144th Street and 82nd Avenue and when he was there heard screaming and realized his car had hit someone.
“Mr. Naidu, who immigrated to Canada from Fiji in 1985 and who has limited command of English as a second language, maintains that as an immigrant who was alone on a dark night, he feared he might be harmed if he returned to the scene of the accident,” Pearlman noted at the sentencing hearing. “Out of concern for his own safety, he left the scene of the accident. Nevertheless, Mr. Naidu says that as soon as he became aware that his vehicle had hit a pedestrian, he intended to go to the police.”
The court heard Naidu phoned his wife and friends seeking their support before turning himself in. Later that night, he went to the Surrey RCMP’s District 3 Newton substation but it was closed, so he then went to the main detachment, arrived there at 10:11 p.m. and turned himself in.
The judge noted there’s no evidence Naidu’s failure to remain at the scene of the accident “exacerbated the very serious injuries suffere by Ms. Duran.”
Naidu is 53, works as an auto detailer and operates a pool hall on the weekends. Pearlman found him to be genuinely remorseful, noting he wrote a letter of apology “expressing his regret to Ms. Duran and her family.”
The court heard Naidu’s driving record includes nine violations of the Motor Vehicle Act between April 2, 1991 and March 6, 2012, including excessive speeding, unsafe lane changing, three failures to wear a seatbelt, and on March 6, 2012, using an electronic device while driving. His record also includes three more violations for using an electronic device while driving, between Sept. 5, 2012 and March 1, 2016, which Naidu denied and the Crown did not press at sentencing. “Accordingly, I have disregarded the accused’s post-March 6, 2012 driving record,” Pearlman said.
The Crown argued for a jail term of 90 days, to be served intermittently, one year’s probation and a year-long driving prohibition.
The defence sought a brief conditional sentence, probation with community service and a short driving prohibition.
“In my view,” the judge said, “specific deterrence is not a significant factor here where Mr. Naidu, as I have already noted, has accepted responsibility for the offence and is highly unlikely to repeat it.”