The family of a woman killed by the driver of an SUV that plowed through a crowd of guests at a West Vancouver wedding say they’re disheartened by the judge’s sentence for the deadly act.
In North Vancouver Provincial Court on Tuesday, Hong Xu received a $2,000 fine and a five-year driving prohibition for the non-criminal charge of driving without due care and attention under the Motor Vehicle Act.
Xu, 65, also can’t be sued for damages, due to B.C.’s no-fault insurance system.
Judge Rita Bowry read to a crowded courtroom a summary of events leading up to the sentencing hearing.
On a sunny, warm evening on Aug. 20, 2022, around 100 people had gathered for a wedding at a home on Keith Road in West Vancouver. Guests were mulling about the courtyard, driveway and roadway around the property waiting for the dinner reception to start, the court heard.
At around 6:10 p.m., Xu – who lives in a neighbouring home – drove her Range Rover out of her driveway.
Xu honked her horn briefly to alert the wedding guests on the roadway to her presence. As the guests began to move aside for the vehicle to pass, the accused’s SUV accelerated at speed through the crowd.
Xu’s Range Rover collided with two stone pillars before coming to a stop on an ornamental fountain in the courtyard of the wedding party. Several guests were struck by the vehicle or pieces of the stone pillar, the court heard.
First responders attended the horrific incident. Despite lifesaving efforts, two women in their 60s died on the scene. Seven other guests, including a one-year-old child, were sent to hospital with injuries that included collarbone fractures, a collapsed lung and lacerations.
Police observed Xu outside her vehicle, screaming and crying. She was admitted to the psychiatric ward at Lions Gate Hospital, where she was described as being in a transient amnesiac state, largely mute and catatonic, according to an agreed statement of facts.
After recovering, Xu spoke with psychiatrists, telling them she attempted to brake her vehicle but must have inadvertently stepped on the accelerator.
She expressed remorse, and said she prayed there was some way to reverse the damage she’d done, the court heard. Psychiatrists concluded that there was no obvious mental factor that could have caused the collision.
An investigation by West Vancouver Police Department found no evidence of drugs, alcohol, distracted driving or vehicle malfunction, the court heard. All evidence suggested Xu inadvertently stepped on the accelerator rather than the brake.
On Monday, Xu entered a guilty plea in court.
Purpose of sentencing not to compensate for loss of life, judge says
Before delivering a sentence, Bowry acknowledged Xu’s “modest” driving record – which includes tickets for speeding, disobeying traffic signs and driving while using an electronic device – and lack of previous criminal charges.
“She accepts without hesitation whatever the court’s decision will be and does not ask for any accommodation,” Bowry said.
The judge also said she thoroughly reviewed each of the victim impact statements.
“Each victim and their families have been scarred by the events on Aug. 20, 2022,” Bowry said. “Those scars are emotional, physical and financial, some if not all everlasting.”
Bowry noted the difficulty coming to a decision for such a case because an act causing death should be considered seriously. But the sentencing must address the wrongful act, rather than compensate for loss of life, she said.
“Here that conduct was inadvertently stepping on the accelerator instead of the brake,” Bowry said.
Xu has voluntarily stopped driving since the event and lives with the notoriety of her deadly actions daily, she said.
“The court can do no more to deter her,” Bowry added.
The judge said the joint submission by Crown and the defence was a fit sentence. She also ruled that the law can’t accommodate Liong’s request for financial restitution.
Joanna Moy, Annie Kong’s daughter, said her family is “extraordinarily disappointed and disheartened” by the decision.
“It wasn't a surprise, but maybe there was a little sliver of hope that she would see how huge and gratuitous this incident was, and set an example,” Moy said.
“A $2,000 fine and a five-year driving ban doesn't seem like it's enough,” she said.
