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 staff at The Roster are excited to give back with the sports club’s Dish Out the Kindness fundraising initiative in support of the Upper Room Mission and the Starfish Backpack program. (Jennifer Smith - Morning Star)
Vernon sports club dishes out kindness

Upper Room Mission and Starfish Backpack Program will benefit from The Roster sales

Emergency responders reported to a vehicle over an embankment Friday, Nov. 27, 2020, shortly after 6 p.m. on Highway 97 on hospital hill. (Brendan Shykora - Vernon Morning Star)
Vehicle over embankment slows Highway 97 traffic in Vernon

Emergency crews responded to a vehicle that went over an embankment Friday night

COVID-19. (Image courtesy CDC)
47 new COVID-19 cases in Interior Health region

1,538 total cases, 399 are active, ten in hospital

(Phil McLachlan - Capital News file)
Update: Glenmore Rd reopens after ‘serious’ high-speed collision

Collision occured at 2910 Glenmore Road North, at approx. 2:30 p.m.

Cantina closed due to COVID. Instagram.
Cantina Kelowna closes due to COVID-19 case

The restaurant will be closed until Dec. 10

A woman wears a protective face covering to help prevent the spread of COVID-19 as she walks along the seawall in North Vancouver Wednesday, November 25, 2020.THE CANADIAN PRESS/Jonathan Hayward
911 new COVID-19 cases, 11 deaths as B.C. sees deadliest week since pandemic began

Hospitalizations reach more than 300 across the province

Black Press Media and BraveFace have come together to support children facing life-threatening conditions. Net proceeds from these washable, reusable, three-layer masks go to Make-A-Wish Foundation BC & Yukon.
Put on a BraveFace: Help make children’s wishes come true

Black Press Media, BraveFace host mask fundraiser for Make-A-Wish Foundation

Summerland residents have been receiving a telephone scam with the number showing as the telephone number of the local RCMP detachment. (Black Press Media files)
Summerland RCMP telephone number spoofed in scam calls

Number used in scam attempts from tax agency

(Village of Lumby photo)
Mysterious, loud ‘boom’ shakes North Okanagan residents

Village staff, Earthquakes Canada aren’t sure what caused the explosion-like sound

Follow public health recommendations, says Interior Health as COVID-19 cases continue to climb in Revelstoke. (Image courtesy CDC)
Revelstoke positive COVID cases grows to 29

Interior Health announced a cluster in the community on Nov. 26

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Screenshot of Pastor James Butler giving a sermon at Free Grace Baptist Church in Chilliwack on Nov. 22, 2020. The church has decided to continue in-person services despite a public health order banning worship services that was issued on Nov. 19, 2020. (YouTube)
2 Lower Mainland churches continue in-person services despite public health orders

Pastors say faith groups are unfairly targeted and that charter rights protect their decisions

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

Penticton law courts
Osoyoos child sex offender in court

Shawn Titus, 37, is charged with possession of child porn

Most Read