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July 24, 2015
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Teen driver’s sentencing ‘a cautionary tale’
by Arlene Benham

 

        A year after a car crash killed one Grand Manan teen and injured four others, the driver of the vehicle was sentenced on July 15 in a case both Judge Henrik Tonning and defence lawyer David Lutz hope will provide a warning to others. The woman, whose name is under a publication ban because she was 17 at the time, was charged with one count of dangerous driving causing death and three counts of dangerous driving causing bodily harm.
     Facts related by the Crown included details of the accident and information from victim impact statements submitted by the victim's family and two of the other teens. There were also a number of letters of reference from members of the community.
     The section of Whistle Road where the accident occurred is known locally as "thrill hill." The road slopes steeply on either side of a creek crossing, and the court heard that it is common knowledge that, if driven fast enough, a vehicle can become briefly airborne and give occupants "a butterfly feel." The teens had attempted this earlier the same day in a different vehicle, but the effect "didn't work," so that evening they drove the hill again in a smaller, faster van. Their estimates of the speed ranged from 100 to 160 kilometers per hour. Not all were wearing seatbelts. Although the driver slowed at the last minute, she lost control of the van, which left the road and flipped twice. Danielle Park, also 17, died instantly. A mechanical inspection of the van found no faults in it. Alcohol and drugs were not involved.
     Tonning observed that the case was "as tragic as anything I've been involved in. This type of thing happens far too often." Driving at that speed trying to get a thrill "is certainly dangerous driving."
     The accused read her own statement, pointing out that she was not normally a risk taker, a drinker or partier. She stated tearfully that she was "tremendously sorry" for all that had happened. She described Park, a friend since preschool, as an inspiration and apologized to her family.
     Funeral director and village councillor Phil Ells Jr. read an impact statement on behalf of the community, describing "five bright and upcoming young people" and the "grief of unusual proportions" that overshadowed the community. He said the accident made islanders look at their own mortality, acknowledging that many have driven thrill hill, and that the community came together in support without blame, encouraging people to make the most of life.
     Tonning described the sentencing as "difficult," noting that while none of the "normal factors" of criminal activity were present, such as intended malice, prior record, drugs, alcohol or other problems, he was required to impose a meaningful sentence. "When you operate a motor vehicle you have to use the care and skill a reasonable and prudent driver would use. The fact that everybody does it doesn't make it right." However, referring to the "glowing" presentence report, he accepted the driver's remorse and described the teens as "exemplary young people." The young woman was sentenced to two years probation on the first charge, two years on the other charges and a five‑year driving prohibition, along with 150 hours of community service.
      Lutz observed, "This community never ceases to amaze me. When tragedies require, this community pulls together so well." He added, "We may never see as nice a young lady from as nice a family again. [She is] a wonderful young citizen. Hopefully this is a cautionary tale not just for Grand Manan but anyone who hears about it. Hopefully no one will ever go [to this hill] again for any purpose other than getting to the other side of it."

July 24, 2015    (Home)     

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