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
Montreal doctors' breakthrough discovery about causes of cerebral palsy giving hope
A breakthrough discovery made by doctors at the Montreal Children's Hospital about the causes of cerebral palsy is giving new hope to one West Island family.
Weather alerts issued for 7 provinces, 1 territory
Warnings of up to 60 millimetres of rain and other alerts have been issued for seven Canadian provinces and one territory ahead of the Easter weekend.
Ontario homeowner on the hook for $27,000 when contractor severed power line
An Ontario man who built a garage on his property has been locked in a battle with his electricity provider for a year and half over a severed power line.
He didn't trust police but sought their help anyway. Two days later, he was dead
Jameek Lowery was among more than 330 Black people who died after police stopped them with tactics that aren’t supposed to be deadly, like physical restraint and use of stun guns, The Associated Press found.
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
Why Kim Kardashian is being sued for 'knockoff' furniture
The estate of minimalist contemporary artist Donald Judd filed a lawsuit against Kardashian this week, claiming the fashion and beauty mogul promoted 'cheap knockoffs' of his furniture designs.
Where is the worst place for allergy sufferers in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
Louis Gossett Jr., 1st Black man to win supporting actor Oscar, dies at 87
Louis Gossett Jr., the first Black man to win a supporting actor Oscar and an Emmy winner for his role in the seminal TV miniseries 'Roots,' has died. He was 87.