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

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

Lake Babine Nation closure sign
Lake Babine Nation issues COVID numbers update

Urges members to follow provincial health orders

NH representative confirmed that people who received their first dose will be scheduled to receive their second dose within the recommended timeframe.(The Canadian Press/Nathan Denette photo)
Vaccine rollout abruptly halted in Lakes District

Northern Health cites Pfizer shipment delays for the vaccine distribution disruption

Thursday, Jan. 28, 2021 is International Lego Day. (Jenna Hauck/ Chilliwack Progress)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 24 to 30

Lego Day, Talk Like a Grizzled Prospector Day and Puzzle Day are all coming up this week

BC Coroners Service is currently investigating a death at Canoe Cove Marina and Boatyard in North Saanich. (Black Press Media File)
Drowning death in North Saanich likely B.C.’s first in for 2021

Investigation into suspected drowning Monday night continues

Kimberly Proctor, 18, was murdered in 2010. Her family has spent many of the years since pushing for a law in her honour, that they say would help to prevent similar tragedies. (Courtesy of Jo-Anne Landolt)
Proposed law honouring murdered B.C. teen at a standstill, lacks government support

Ministry of Mental Health and Addictions has concerns with involuntary detainment portion of act

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Police in Vancouver looking for male suspect who allegedly spat and attacked a store manager for not wearing a mask, at 7-Eleven near Alma Street and West 10th Avenue just before noon on Dec. 17, 2020. (Vancouver police handout)
VIDEO: Man spits on 7-Eleven manager over mask rule, sparking Vancouver police probe

‘Unfortunately, the store manager sustained a cut to his head during the assault’

Most Read