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.

Just Posted

(File photo)
Poverty reduction survey identifies 10 poverty themes

Poverty reduction plan will be finalized in July 2021

Nanaimo-Ladysmith MP Paul Manly says he has no intentions of leaving the Green Party. (House of Commons image)
Island Green MPs have “no intention” of leaving the party after ‘heartbreaking’ departure

Manly, May only remaining Green MPs after Jenica Atwin left for the Liberals over internal disputes

New COVID-19 cases on Vancouver Island by local health area for the week of May 30-June 5. (B.C. Centre for Disease Control image)
COVID-19 cases drop again almost everywhere on Vancouver Island

Nanaimo had four new cases last week, down from 22 the week before

Justine Keefer’s Cedar Elementary School Grade 6/7 class put together a student paper, as part of a school project. Pictured here Andrew Gregory, left, Felix Leduc, Addison Armstrong, Lucia Walker and Anise Dick. (Karl Yu/News Bulletin)
Cedar Elementary School students create their own newspaper

Grade 6/7 class publishes Wolf Pack News as part of language arts and social studies

Évangeline Laforest and Oscar McClements’ invention La Méduse (the Jellyfish) removes oil from the ocean. The invention was one of 15 out of 700 inventions submitted to the Natural Sciences and Engineering Research Council of Canada’s Little Inventors contest. (Cole Schisler photo)
‘Little Inventors’ from Ladysmith showcased in national science challenge

Évangeline Laforest and Oscar McClements were one of 15 finalists in the Little Inventors Challenge

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Most Read