Sentence delayed for truck driver guilty of 2019 Hedley crash that killed young mother | Pages Da

The lorry driver behind the wheel of a crash that killed a young mother near Hedley in 2019 will have to wait until 2023 to hear his fate.

In April, Andrey Malyshev had been found guilty of dangerous operation of a motor vehicle causing death and appeared in Penticton Provincial Court on November 24 for what had been scheduled as a sentencing hearing.

After submissions from the Crown and the defence, Judge Keyes stated she would need time to review the case law and to formulate her decision.

Speaking through a translator, Malyshev addressed the court.

“I never expected it to happen, and I never thought it would happen,” Malyshev said. “If I could change just one thing to prevent the situation, I would love to.”

The Crown is seeking three to five years in prison, followed by a five-year driving ban. The defense is demanding a suspended sentence without time behind bars.

In support of the defense’s request, there were several case laws, including a particular incident. That case involved another truck driver who drove aggressively, was in the oncoming lane, lost control and collided with a vehicle in the oncoming lane. That driver had consumed alcohol earlier that day and had also not slept for over 19 hours at the time of the crash. Despite these circumstances, which the defense noted were very different from Malyshev’s, the driver received an 18-month suspended sentence.

“I am satisfied beyond a reasonable doubt by the dashcam video that Mr. Malyshev’s driving that night demonstrated a profound and sustained disregard for the rules of the road and the safety of others,” Judge Keyes said in April.

The video provided to the court had shown Malyshev driving across the highway’s center line repeatedly, as well as driving into the oncoming lane. Immediately before the crash, the truck had been on the double yellow center line for over a minute.

As the truck was entering a corner, it turned on its side. During the six seconds before it flipped, the lights from Dunn’s car could be seen in the dash cam footage.

Based on evidence from the scene, including skid and gouge marks in and around the crash, Dunn had already driven off the traveled portion of the highway in what Judge Keyes said appeared to have been an attempt to avoid the tractor trailer.

Dunn had been on her way to work at the Copper Mountain Mine in Princeton, a job she had recently started when the crash occurred. She had two small children.

Malyshev’s lawyer stated that he has recurring nightmares about the crash and that ICBC is pursuing him for the payout to Dunn’s family.

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