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The retired London teacher convicted of eight counts of criminal negligence for a crash that killed a young Girl Guide and injured seven others is expected to be sentenced on Tuesday.
Petronella McNorgan, 79, was convicted by a jury in April of one count of criminal negligence causing death and seven counts of criminal negligence causing bodily harm after a three-week trial.
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She was behind the wheel of a westbound Honda CRV SUV on Nov. 30, 2021, that accelerated just before the intersection of Wonderland Road and Riverside Drive, reaching speeds of high speed of 121 kilometres/hour, ran the stop light, hit a Jeep, a lamp post and a tree before striking a group of young girls in a troop of Embers – formerly known as Brownies – that was walking along the sidewalk en route to a nearby park.
An eight-year-old girl was killed while the others suffered various injuries that, as was described in a series of heartbreaking victim impact statements, began a chain reaction of ongoing medical issues, mental health challenges, pressures on friendships and marriages and survivor’s guilt.
The identities of the victims are protected by a court-ordered publication ban.
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The Crown argued McNorgan mixed up the gas pedal with the brake pedal and didn’t take appropriate steps to control the vehicle. McNorgan denied any wrongdoing and suggested there was a mechanical failure.
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The Crown called five mechanical experts who said the vehicle was in good working condition at the time of the crash and that the accelerator was pressed to the floor.
The Crown is seeking a four-year prison term. The defence argued for a three-year probation term with community service.
The challenge for Superior Court Justice Pamela Hebner will be balancing the gravity of the offences against the background of a law-abiding grandmother with no criminal record.
Also weighing on the decision is how to apply a driving prohibition to McNorgan’s convictions. The jury could have convicted her of dangerous driving, which would have automatically included provisions to ban McNorgan from driving for a specific term.
But criminal negligence, because it can be applied to a variety of offences, doesn’t carry automatic driving offences.
Sentences longer than two years are federal prison sentences and are not subject to probation term. Sentences of two years or less are provincial jail sentences and can have probation terms, such as a driving prohibition attached to them.
Even if Hebner orders McNorgan into custody, she won’t likely be there for long. Two days before the sentencing arguments in June, McNorgan filed her notice of appeal for either a new trial or acquittals at the Ontario Court of Appeal. The expectation is that she will be applying for bail pending those arguments.
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