This hit and run incident involves Mr. Antonio Alves, a prohibited driver, who was driving his truck on Renfrew Street at East 22nd Avenue in Vancouver. He pled guilty to a charge under the Criminal Code and asked the court to serve his sentence in the community under a conditional sentence order.
Circumstances of the Hit and Run
Mr. Alves was driving his truck southbound on Renfrew Street and making a left turn onto East 22nd Avenue.
Mrs. Susan Wong was crossing East 22nd Avenue in the marked crosswalk southbound on the east side and had almost completed the crossing.
Mr. Alves made his turn wide into the curb lane and in doing so struck and killed Mrs. Wong.
Mr. Alves stopped, returned to check Mrs. Wong, spoke to a bystander, saw that Mrs. Wong was being assisted by others and that calls to 911 had been made. He remained for a moment more and then departed, turning himself in to police later that day.
Scene of the Hit and Run Incident
Positions of Crown and Defence
Crown Counsel's position was that Mr. Alves' penalty should be 8 1/2 to 9 months in jail followed by 2 years of probation. He should be prohibited from driving for a lifetime and be ordered to supply a DNA sample.
The defence asked the court for a conditional sentence of 12 to 18 months to be served in the community with conditions followed by one year of probation.
The Court's Decision
The point to be decided was whether a conditional sentence could be imposed on Mr. Alves. Crown's position was that this was "a serious personal injury offence" and that prevented the court from imposing a conditional sentence.
Judge Giardini's interpretation of the law confirmed that this hit and run was a serious personal injury offence and sentenced Mr. Alves to 4 months in jail followed by 18 months of probation. He added a 2 year driving prohibition and a DNA order.
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