Comox Valley Record, September 09, 2014

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TUESDAY September 9, 2014 Vol. 29 • No. 73 ••• $1.25 inc. G.S.T.

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No jail time for Burton hit-and-run offender about 45 minutes later. diverted across the road and Defence lawyer Dale Marhit Burton. Record Staff shall argued at the sentencAdditionally, Lamperson Nearly a year after ing hearing that it would heard the defendant, who 25-year-old Molly Burton be wrong to send his client has a beginner’s licence, has a driving abstract with six was struck while walking to jail. “He has no prior crimi- different infractions, varying along Comox (Dyke) Road, the now 17-year-old driver nal record, he’s a first time in degree from failing to stop offender … the day after for police to riding a dirt bike who hit her (the incident) without a helmet. with his car he turned Crown prosecutor Richard was sentenced Nothing I say himself into Ellsay asked Lamperson to to a 24-month police,” he consider a four-and-a-half s u p e r v i s i o n can turn the clock e x p l a i n e d , month jail sentence with an order with back or alleviate the and added intense supervision order, three months since the and noted he is concerned the house arrest suffering of Molly offence, his teen is not being deterred. Burton. Friday. client has “From the outset, the deciAt the CourJudge Ron Lamperson been on bail sion of sentencing has been tenay courtand never very difficult, perhaps more house, the b r e a c h e d , difficult then any other I’ve driver, who with police had to decide,” said Lampercannot be named because of the Youth Criminal Justice attending his residence more son. “Nothing I say can turn the clock back or alleviate Act, looked ahead in front of than 30 times. “Nothing I the suffering a packed courtroom as the of Molly Burjudge laid out the conditions say or my cliI wanted jail ton.” of his order, including a five- ent says will any time ... I’ve been He noted year driving prohibition, 200 negate it was clear hours of community service, of the physiinjuries jailed; it seems pretty from the vica curfew, and a written apol- cal that led to the unfair that he isn’t. tim impact ogy to Burton. statement On Sept. 11, 2013, Bur- charge. (This Burton “sufton suffered injuries to her isn’t) meant lower right leg and right arm to excuse his Molly Burton fered very severe injuwhich required multiple sur- behaviour but ries and her geries when she was struck help explain life will never by a vehicle driven by the it and make amends … he knows there’s be the same.” accused around 11:30 p.m. He explained had the teen After she was struck, Bur- a long way to heal,” added stayed with Burton following ton remained in a blackberry Marshall. Provincial court Judge the crash, she wouldn’t have bush for approximately four hours until Brody Fullerton Ron Lamperson heard how likely suffered as much as the teen — who according she did. heard her screams for help. “If (the defendant) was an Fullerton, who was on his to a psychological report, has boat across the water near a learning disability and the adult, I would most certainly the Courtenay Airpark, took cognitive skills of an 11 year- send him to jail. If jail is out his flashlight and exam- old — ‘shotgunned’ two beers available, I must consider ined the brush, thinking prior to driving down Comox all other sentencing or sanctions reasonable (according someone might have been Road. While driving, his cell to the Youth Criminal Juslost. He took his bike and phone slipped onto the floor tice Act).” searched the bushes for Bur- of the vehicle, and the car ... see BURTON ■ 4 ton’s voice, and found her swerved into a guard rail, Erin Haluschak

❝ ❞

PHOTO BY ERIN HALUSCHAK

Molly Burton leaves the Courtenay courthouse Friday afternoon following the sentencing for the 17-year-old accused of hitting her along Comox Road nearly a year ago.

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