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5 | T h u rs d a y , D e c e m b e r 1 , 2 0 1 6 | OAKVILLE BEAVER | w w w .in s id e H A L T O N .c o m Trucker's appeal in case of m an's death struck down by Julie Slack Metroland W est Media The appeal of a Milton truck driver found guilty of charges related to the 2 0 1 0 headon crash that killed an Oakville man was dismissed by Ontario' s Court of Appeal last Wednesday (Nov. 16). A jury convicted Lakhvinder Singh Bhangal, 46, of dangerous operation of a motor vehicle causing death and criminal negligence causing death. Sentenced in December 2013 In December 2013, he was sentenced to five years in prison. Justice C. William Hourigan also imposed a 15-year driving prohibition. During the trial, court heard Bhangal was travelling along Regional Road 25 near Lower Baseline, where the transport truck he was driving crossed the centre line and veered into the path of a van. The vehicles collided head-on. in Guelph March 27, when the early-morning collision occurred. Despite having his seatbelt fastened, Larocque was thrown from his vehicle, which was destroyed by the collision' s impact. A three-member Court of Appeal for Ontario dismissed the sentence appeal made three years ago. That sentence came after court heard details about the crash and the events leading up to it. Halton police officers investigating the collision found that Bhangal had driven more than the legislated number of hours. ^ Further, he found that there was a clear need for specific deterrence because the appellant had received a warning about excess driving only days before the accident. Original finding o f Justice C. William Hourigan Two different driving logs Bhangal had fallen asleep at the wheel after driving 16 hours without required sleep breaks. He maintained two different driving logs -- one for American authorities and another for Canadian authorities. The logs, which keep track of how long a driver has been operating a vehicle and when sleep breaks are taken, had been fixed to make it appear as though he was driving within legal guidelines. Bhangal appealed the conviction for criminal negligence causing death on the basis that the trial judge: failed to adequately explain to the jury the elements of the charge and how that offence differs from that of dangerous driving causing death; and secondly, failed to adequately relate the evidence to the offence. He did not appeal his conviction for dangerous driving causing death. of criminal negligence causing death and explained the difference between that offence and the lesser offence of dangerous driving causing death. The panel stated that the judge "explained that the appellant' s conduct must show a wanton or reckless disregard for the lives or safety of other people, and that the conduct must be a marked and substantial departure from what a reasonably prudent person would do in the same circumstances." Furthermore, the Ontario Court of Appeal found that the judge presiding over Bhangal' s case imposed a sentence that, in his opinion, was fit in the particular circumstances of the case. `Doctored' the books High-profile defence Bhangal retained high-profile criminal lawyer John Rosen, who has defended such notorious murderers as Paul Bernardo and John Papalia, and Lindsay Daviau, who works at a Toronto-based trials and appeals law firm, to appeal his sentence. They sought a two- to three-year sentence and a driving prohibition of five years. They based this on the judge' s finding that "the appellant had deliberately ignored the driver safety rules, had doctored his log books in an effort to avoid his rest obligations and had put his economic interests ahead of public safety. Justice Hourigan, said the panel in its decision, "correctly concluded that the appellant' s deliberate course of conduct was a significant aggravating factor. "Further, he found that there was a clear need for specific deterrence because the appellant had received a warning about excess driving only days before the accident." Alan Larocque was killed instantly The lone occupant of the van, Alan Larocque, 38, was killed instantly. The Oakville man, formerly a long-time resident of Georgetown, was a Bon Jovi tribute artist. He played in a band that toured the province. He was driving home from a show Three-member panel The three-member panel that considered the appeal found that Justice Hourigan properly instructed the jury on the elements I N J U R E D ? I C a n H e lp ! YOU DON'T HAVE TO PAY UNLESS I GET YOU MONEY SALE ENDS THIS SUNDAY, DEC. 4TH THURSDAY & FRIDAY SATURDAY SUNDAY 10:00 am - 8:00 pm 10:00 am - 6:00 pm 10:00 am - 5:00 pm MORE T A B L E W A R E . K IT C H E N W A R E · H O M E D E C O R & S O M U C H FINAL W EEKEND! OVER 2 5 , 0 0 0 SQ. FT WITH OVER 2 0 DEPARTMENTS My team of experienced lawyers can help you with: · Car accidents · Slip and Falls · Disability Claims (Short-Term Disability, Long-Term Disability, CPP) · Wrongful Dismissal O FFIC ES IN OA KVILLE AND TORONTO For a free consultation call: Oakville: 905.842.2022 or Toronto: 416.351.9222 email: sspadafora@slspc.ca S am S p a d a fo ra Injury and Employment Law