Mother sentenced for ATV crash that killed 6-year-old daughter
CBC
A judge on Wednesday said the sentencing of a mother whose driving led to the death of her six-year-old daughter should serve as a warning to others.
Court of King's Bench Justice Fred Ferguson made the comments as he sentenced Keisha Renee Herrell, 27, on Wednesday in Miramichi.
Herrell pleaded guilty last year to a charge of criminal negligence causing the death of Leighton "Jemma" Barnaby while driving an all-terrain vehicle in Tabusintac on Nov. 30, 2020.
"Ms. Herrell has to pay the price of being convicted of criminal negligence causing death so that others in the community will get a message that you just can't carry on like this and not expect that there will be criminal sanctions that will follow behaviour like this," Ferguson said.
He sentenced Herrell to a two-year conditional sentence order followed by a year of probation.
The order, commonly known as house arrest, comes with various restrictions and terms that if violated, Ferguson warned could result in her spending the remaining time in jail.
The sentence had been jointly recommended by Crown prosecutor Jeremy Erickson and Herrell's defence lawyer, Alison Ménard. Ferguson ruled Wednesday it was an appropriate sentence in the circumstances of the case, particularly given Herrell's guilty plea.
The judge imposed a driving prohibition for three years as part of the sentence.
The judge said no sentence the court could issue would compare to the loss of a child.
As he issued his decision, Herrell sat in the front row of the public gallery wiping away tears.
She told the judge what happened will always be on her mind.
The judge said her daughter's memory should serve as motivation to improve her life by avoiding drugs, finishing her education and avoiding people who cause problems.
"If you need any driver to make you get to where you need to be in the rest of your life, your driver is Jemma," Ferguson said.
Herrell, of Esgenoôpetitj First Nation, pleaded guilty to the charge in September.
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