Photo by Whitehorse Star
Judge John Faulkner
Photo by Whitehorse Star
Judge John Faulkner
The 17-year-old woman responsible for a deadly crash in August 2014 that took the lives of two of her friends and severely injured a third was sentenced Monday to a two-year probation term and a three-year driving ban.
The 17-year-old woman responsible for a deadly crash in August 2014 that took the lives of two of her friends and severely injured a third was sentenced Monday to a two-year probation term and a three-year driving ban.
Judge John Faulkner handed out the afternoon sentence in youth court.
The driver – who was 15 at the time of the accident and can’t be named because of her age – had pleaded guilty Monday morning to a charge of dangerous driving causing death.
Killed in the collision were a 15-year-old student of Vanier Catholic Secondary School, and 20-year-old Brendan Kinney, a graduate of Porter Creek Secondary School.
Derrick Gibbons, 18, was severely injured and had to be flown to Vancouver for care.
The sentencing hearing proceeded at 2 p.m. in a packed courtroom where the driver, her family and the victims’ families were present.
The defence and Crown had made a joint submission for the two-year probation term.
For the first eight months of the probation term, the driver will have to abide by a 10 p.m. to 6 a.m. curfew, except for work or with the presence of her parents.
She will have to complete 240 hours of community service within the next 12 months.
On Aug. 9, 2014, the driver had been partying with her friends.
She admitted to drinking vodka and smoking pot that night.
Blood analysis revealed she had inactive THC in her blood – meaning it wouldn’t have impacted her behaviour at the time of the accident. Her blood-alcohol level was at .01 when drawn at 6 a.m. that day.
She had also been driving with only a learner’s permit.
At around 3 a.m. that night, she was driving with her friends when she made an unexpected left turn on the Alaska Highway in front of a semi.
She was northbound on the Alaska Highway, while the truck was southbound.
She was in the centre lane, without the turn signal on, when she tried to turn onto Hamilton Boulevard.
The truck driver couldn’t brake in time to avoid the impact.
The impact was so violent, the truck had to be backed up out of the Honda Accord, and the car’s roof had to be cut away to extract the victims.
Kinney was pronounced dead at the scene. A 15-year-old female passenger succumbed to her injuries later at Whitehorse General Hospital.
Gibbons was first stabilized, then medevaced to Vancouver, where he underwent two brain surgeries.
“The impulsive and ill-considered decision of a youth resulted in devastating consequences,” said the judge.
Unlike for adults, young offenders are sentenced under the Youth Criminal Justice Act, which has different sentencing ranges and guidelines.
Before considering a jail sentence, the judge is required to consider all alternatives available.
Faulkner thanked the families and Gibbons for providing victim impact statements to the court.
“As a parent, it occurs to me it must have extremely difficult to recall these life-altering events,” he said.
The driver’s lawyer, Bob Aloneissi, noted there were mitigating circumstances in this case: the offender’s age, the remorse she expressed, and the lack of prior record.
In the morning, Aloneissi read out a statement the driver had written, expressing remorse for the deaths of her friends (see story, p. 3).
At the end of the sentencing hearing, the judge turned to the young woman.
“What happened cannot be undone,” he said.
He urged her to make something good out of her life, as ruining her own would not honour her friend’s lives.
“Try to live, and live with purpose,” he said.
“Try to make the world a better place,” he said, his voice breaking.
Faulkner quickly adjourned the hearing and left the courtroom.
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Comments (8)
Up 1 Down 5
Max Mack on Dec 14, 2015 at 10:11 am
@Community Gal
My comment was specific to Criminal Code charges. There were other legal avenues that the "justice" system could have pursued, but instead chose to lay criminal charges.
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Community Gal on Dec 12, 2015 at 1:28 pm
Max Mack - Charges were laid, and should have been laid, because when the young driver applied for and received her Learners License, she accepted the responsibility to abide by its rules. Under her Beginner's License, conditions include zero alcohol consumption, a maximum of one other (licensed) passenger in the vehicle and due care and attention. Rather like a legal agreement which she was in breach of on many counts. Rights and responsibilities to hand in hand and there must be consequences if one insists upon the rights and does not shoulder the responsibilities.
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Max Mack on Dec 11, 2015 at 5:29 pm
I think it is unfortunate that the Crown decided to pursue charges under the Criminal Code. Several lives were lost and several families deeply hurt. I fail to see how any justice has been done by pursuing criminal charges.
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Guncache on Dec 10, 2015 at 8:18 am
Kim Snowdon, well written. Yes how about the driver of the truck. He was just on his way south to pick up another load. I do know that the company he worked for chartered a plane, flew to Whitehorse and picked him up. The company looked after him more than they needed to. But what about his anquish at getting out of his truck and seeing the carnage that he had been drawn into. He is the innocent victim that will have bad memories for years to come.
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Empathetic on Dec 9, 2015 at 8:35 pm
This is a tragedy every way you look at it. Each family and individual survivor are forever changed by this signal event and decision from a collection of young people. I am hopeful people will be equally kind and understanding to the victims and survivors families.
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Hopeful on Dec 9, 2015 at 12:00 pm
I hope this young woman is able to positively move forward with her life and not let this be what defines her.
This was such a tragedy - so many lives will never be the same. My heart goes out to the families and friends of all those involved (including those of the truck driver). Words will never be able to express my deepest condolences.
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kim snowdon on Dec 8, 2015 at 9:58 pm
I feel sorry for the families involved in this horrible accident and it troubles me that the focus is on the families of the passengers of the car yet it seems that no one seems to care about the driver of the truck. He was an innocent victim of the actions of a person who should not have been behind the wheel of an automobile. Has there been any inquiries as to how he is doing and how this has effected his life? I do not think so.
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Michael McCann on Dec 8, 2015 at 3:56 pm
Out of a tragic event that ripples out and touches many Judge Faulkner was able to bridge the divide between punishment and rehabilitation with his powerful and emotional closing comments. The door is now open and we all hope his words will resonate and the threshold crossed.