Appeal denied for woman convicted of striking girl in Saanich crosswalk
A woman who was convicted of crashing into a young girl at a crosswalk in Saanich, B.C., in December 2017 has had her appeal denied.
In 2020, Tenessa Nikirk was found guilty of dangerous driving for a crash that left 11-year-old Leila Bui with traumatic brain injuries.
During the trial, the court heard that Nikirk was speeding, passing vehicles, and texting before the crash occurred.
Two weeks after sentencing, Nikirk filed an appeal of her conviction and was released on bail until her appeal hearing was complete.
The hearing began in mid-January, and on Tuesday, a B.C. judge denied Nikirk's appeal, which was based on factors such as reaction time, credibility of witnesses and experts who testified during trial, and if she was manually texting at the time.
"Ms. Nikirk’s theory on appeal, in summary, is that the verdict was unreasonable because the child could have been hidden from Ms. Nikirk’s view until the child ran into the crosswalk, at which point it was too late for Ms. Nikirk to react," reads the appeal ruling written by Madam Justice Susan Griffin.
Griffin found that while it is conceivable that Bui entered the crosswalk before an average driver would have had time to react, the fact that Nikirk was speeding before and at the time of the crash demonstrated a failure to observe obvious cues to use caution around a crosswalk.
The appeal judge also found that it was irrelevant if Nikirk was manually texting or using another method since the "sheer number and frequency of texts" sent around the time of the crash meant her thoughts were elsewhere at the time.
"This case serves as a very sad cautionary tale that texting while driving can ruin lives," wrote Griffin.
"In my view, the inference from all the evidence is compelling: that Ms. Nikirk was texting with someone repeatedly and was driving distractedly and impatiently and that this was part of a dangerous pattern of driving that led to her driving at full speed into a child in the crosswalk."
In December 2020, the then-24-year-old Nikirk was sentenced to two years in a federal penitentiary and is banned from driving for three years upon her release.
With her appeal dismissed Tuesday, she is required to surrender herself today to begin serving her sentence.
During the trial, Crown described Bui's injuries as "catastrophic," including a permanent brain injury, a broken neck and a ruptured spleen.
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.