The London senior convicted with driving her car into a troop of girl guides and killing an eight year old girl, read an apology in court Friday, expressing her “deepest sorrow” for what happened that night.
“I can only imagine the suffering this accident has caused you and I’m sorry and devastated for the pain and anguish which resulted from this tragedy,” 79-year-old Petronella McNorgan said as she read her written statement from the witness podium.
“I would like you to know that I never would intentionally hurt anyone,” she said. “I did my very best not to that night.”
McNorgan, a retired teacher, also made a specific apology to the family of the girl who died in the collision, and whose name cannot be published due to a court order.
“My whole life, I’ve cared for children and the fact that children were hurt and [the girl] died are painful realities that will remain with me forever. This has cost you so much suffering and pain, which I will carry with me for the rest of my life.
“I’m truly sorry for what you have endured and for what you will continue to endure.”
McNorgan’s address to the court wrapped up two days of court submissions ahead of her sentencing.
Earlier in the day the court heard 57 letters of support for McNorgan, written by family members, friends, neighbours and former students. Many ask the court for leniency, describing McNorgan as a thoughtful, law-abiding person. Each letter was read in full by McNorgan’s lawyer Phillip Millar.
McNorgan was convicted in April of one count of criminal negligence causing death and seven counters of criminal negligence causing bodily harm.
During her trial, the court had heard that McNorgan was at the wheel of a car that drove against a red light and through the intersection of Riverside Drive and Wonderland Road at high speed on the evening of Nov. 30, 2021.
Defence seeks probation, not jail
Once through the intersection, the car left the road and slammed into the group of guides and their chaperones as they walked on the sidewalk toward a nearby green space to make snow owls. In addition to the girl killed, seven others walking with the group suffered injures, some of them life-altering.
In delivering her sentence, Justice Pamela Hebner will have to consider the Crown’s request for four years in jail. Meanwhile the defence is seeking a sentence of two years probation, likely served by house arrest, along with community service hours and a driving prohibition.
Millar argued that a jail sentence would put McNorgan’s health at risk due to her age and health issues, including diabetes and breast cancer.
“Periods of incarceration aren’t meant to speed up the passing of people,” he said. “If put in an institution … it would very likely speed up her passing. This should be viewed as an aberration in an otherwise law-abiding life.”
Not an ‘accident’ Crown argues
Crown Attorney James Spangenberg bristled at the defence’s use of so many character reference letters.
He said it’s never been argued that McNorgan’s crimes were about her intentions that night or whether or not she’s a good person.
“That she never deliberately hurt anyone, that’s not an issue,” he said. “But we shouldn’t be using the word ‘accident.’ What happened here is a crime. Crimes are preventable, that’s in accordance with the finding by the jury.”
Driving bans are not a sentencing option for judges in criminal negligence causing death convictions. However, they can be included as part of probation orders.
Outside the court, Kelli Norton said it was “preposterous” to suggest that McNorgan should ever return to driving. Norton was walking at the front of the guide troop that night.
“I don’t think she should ever be allowed to drive a car again,” said Norton. “She’s been found criminally negligent for her actions that day. There’s no reality when I can see that she should be driving.”
Justice Hebner is scheduled to deliver her sentence on Aug. 20.