Leila Bui remains in an unresponsive state more than two years since she was struck in a Saanich crosswalk. The now 13-year-old was in court when a guilty verdict was read for Tenessa Nikirk, the woman who struck her. (Nina Grossman/News Staff)

Leila Bui remains in an unresponsive state more than two years since she was struck in a Saanich crosswalk. The now 13-year-old was in court when a guilty verdict was read for Tenessa Nikirk, the woman who struck her. (Nina Grossman/News Staff)

Dangerous driving sentence expected to be complicated after B.C. girl left unresponsive

Judge will face some tough decisions, says Victoria defence lawyer

While 13-year-old Leila Bui sat in her wheelchair, a pair of sunglasses covering her closed eyes and a purple blanket protecting her small, immobile frame from the January wind, her parents Kierry Nguyen and Tuan Bui tearfully told reporters all they want is a genuine apology from the driver who hit her.

But the judge determining the sentence for Tenessa Nikirk has a difficult decision to make, says Victoria defence lawyer Michael Mulligan.

RELATED: Driver guilty in Saanich crash that left 11-year-old with catastrophic brain injuries

“Often times the people who do these things aren’t otherwise bad people,” Mulligan said. “It’s much harder if you’re sentencing someone who is otherwise a trouble-free, law-abiding person who on some occasion had some bad judgment and caused this tragic result.”

Nikirk was convicted of dangerous driving causing bodily harm after she struck then 11-year-old Leila, with her SUV in a Saanich crosswalk in December 2017. Leila received catastrophic injuries to her brain and body and has been in a non-responsive state since. She is fed through a tube and bound to her wheelchair and since she was hit, requires constant care.

The guilty verdict means an automatic breach of insurance coverage – putting Nikirk on the hook for the little girl’s medical care, which could go on for a lifetime.

“It’s a cautionary tale for anyone driving that way – you may spend the absolute rest of your life paying for it,” Mulligan says, adding that even filing for bankruptcy won’t protect drivers if the court imposes a fine or restitution order.

RELATED: One year later, life is much different in Saanich for the Bui family

In his guilty decision, Judge Mayland McKimm listed Nikirk’s speeding, tailgating and texting in his decision, writing that she was engaged in “distracting behaviour for some time prior to the moment of impact.”

Throughout the trial, witnesses, dashcam footage and texting records painted a picture of a negligent driver, and McKimm wrote he was satisfied that the “dangerous driving in question is the cause of the accident which left tragic injuries to the victim.”

But Mulligan says in cases like these, moral culpability and deterrence create questions worth examining. Should a dangerous driver who gets lucky and doesn’t hit anyone be treated the same as a dangerous driver, like Nikirk, who isn’t so lucky?

“Why should the lucky dangerous driver be sentenced differently from the unlucky dangerous driver?” Mulligan poses. “Surely we’re trying to discourage dangerous driving – not ‘unlucky’ dangerous driving.”

Even if the behaviour – not the consequence – is what leads to the guilty verdict, it’s the consequence that changes the outcome.

“We do punish people more when there is more harm flowing from it,” Mulligan said.

All that can be done from a sentencing point of view, is punish the driver, he added.

“No matter what we do in terms of administering punishment, it simply cannot fix the harm that’s been caused. … This case is a complete and utter tragedy, it will have a devastating effect on the entire life of this young girl and it will have a devastating effect on the young person who was driving the Mercedes and has been convicted.

“It will be a life-changing event for both of them, for their families and ultimately, there’s no sentence that can be imposed that fixes any of that.”

Nikirk will be in court Tuesday to fix a date for sentencing.

RELATED: VIDEO: Lawyer says SUV that hit Leila Bui was going 53 km/h at point of impact



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
41 positive COVID-19 cases associated with the LNG Canada site outbreak

Thirty-four of the 41 cases remain active, according to Northern Health

Cases have gone up in Northern Health in the past week, as they have all over B.C. (K-J Millar/Black Press Media)
Northern Health reports new highest number of COVID-19 cases in one day

Nineteen cases were reported to Public Health last Tuesday (Nov. 17)

FILE – British Columbia provincial health officer Dr. Bonnie Henry wears a face mask as she views the Murals of Gratitude exhibition in Vancouver, on Friday, July 3, 2020. THE CANADIAN PRESS/Darryl Dyck
Masks now mandatory in all public indoor and retail spaces in B.C.

Many retailers and businesses had voiced their frustration with a lack of mask mandate before

(Photo courtesy of LNG Canada)
An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared Thursday.
COVID-19 outbreak at LNG Canada Project site

14 employees have tested positive for COVID-19 at this time

topley 4H
Year end from Topley 4H

Topley 4-H club is at it again with another amazing year. The… Continue reading

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

(Pixabay.com)
Man, 28, warned by Kootenay police to stop asking people to marry him

A woman initially reported the incident to police before they discovered others had been popped the question

Winston Blackmore (left) and James Oler (right) were sentenced on separate charges of polygamy this week in Cranbrook Supreme Court.
No more charges expected in Bountiful investigation, special prosecutor says

Special prosecutor says mandate has ended following review of evidence from Bountiful investigations

(Ashley Wadhwani/Black Press Media)
Refuse to follow B.C.’s mask mandate? Face a $230 fine

Masks are now required to be worn by all British Columbians, 12 years and older

BC Teachers' Federation President Teri Mooring is asking parents of school-aged children to encourage the wearing of masks when possible in schools. (THE CANADIAN PRESS/Chad Hipolito)
LETTER: Teachers union encourages culture of mask wearing in B.C. schools

BCTF President Teri Mooring asks parents to talk with children about wearing masks in school

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

Pamela Wright, a UNBC professor in the department of ecosystem science and management, is presented with the Mitacs Award for Exceptional Leadership - Professor, at a virtual ceremony today (Nov. 24) in recognition of her collaborative work with community partners and students to conserve Canada’s northern lands. (Photo submitted by Mitacs)
UNBC professor recieves prestigeous conservation award

Pamela Wright recognized for leadership in ‘breakthrough’ work on northern issues

Pamela Wright, a UNBC professor in the department of ecosystem science and management, is presented with the Mitacs Award for Exceptional Leadership - Professor, at a virtual ceremony today (Nov. 24) in recognition of her collaborative work with community partners and students to conserve Canada’s northern lands. (Photo submitted by Mitacs)
UNBC professor receives prestigious conservation award

Pamela Wright recognized for leadership in ‘breakthrough’ work on northern issues

Most Read