Driver avoids prison sentence for leaving scene of fatal Cedar crash

NANAIMO — A man was handed a nine-month non-custodial sentence for leaving the scene of a crash in Cedar where an elderly female pedestrian was killed.

Provincial court judge Tamara Hodge rendered her decision on Wednesday, Oct. 22 in Nanaimo, calling the incident a “horrific and devastating collision”, emphasizing she sentenced the offender for leaving the scene and not providing care, as opposed to his driving conduct.

Facts outlined in court last month heard Nicholls was hit and killed 90-year-old Abertha Abma from behind as she walked southbound on Cedar Rd. in a disturbing hit and run on Feb 24, 2024 just before 9 p.m.

As part of Nicholls’ nine month Conditional Sentence Order (CSO), the first six months will be served under house arrest.

The last three months of his house arrest an overnight curfew applies of between 10 p.m. and 7 a.m.

Nicholls’ CSO includes not consuming alcohol, cannabis, or attending any licensed business establishment, as well as a one-year driving ban.

Judge Hodge said evidence showed Nicholls didn’t see the victim prior to hitting her, and that there is no evidence he was driving dangerously or was impaired at the time.

“I am satisfied that the service of a jail sentence in the community is an appropriate sentence and would not endanger the safety of the community,” judge Hodge said.

She said Nicholls lack of criminal and driving record and the fact he pleaded guilty were all mitigating factors

“I am satisfied that there is no need to separate Mr. Nicholls from society in order to protect the public.”

The road was wet at the time of the fatal incident and there was no streetlights in the area, court was told during sentencing arguments last month.

Nicholls was driving below the posted speed limit at the time, an extensive police investigation showed.

He pleaded guilty to leaving the scene of an accident causing death at the start of an emotional sentencing hearing on Sept. 24, with family and friends of the deceased shedding tears and demonstrating visible anger.

A passing motorist found Abma unconscious on the side of the road on Cedar Rd. near Bennie Rd.

She was later pronounced dead on scene by responding paramedics.

Nicholls spent an earlier portion of the evening at nearby Wheatsheaf Pub where he’d consumed two beers and two shots between 6:30 p.m. and 7:40 p.m.

Nicholls left the pub, picked up a friend nearby and was driving southbound along Cedar Rd. when the incident occurred.

“He told police that he had looked down to light a cigarette, looked up and hadn’t seen Ms. Abma before the collision occurred,” Crown counsel’s Jordan Hauschildt told last month’s hearing. “Mr. Nicholls told police that he stopped his vehicle for about three minutes, panicked and then drove home because he was so scared.”

Nicholls reported he thought the victim was unconscious during his on-scene assessment.

Police investigators learned Nicholls contacted ICBC two days after the incident, claiming he hit a deer on the evening in question on Nanaimo Lakes Rd., which turned out to be a lie.

He took his SUV to a north Nanaimo repair shop where his friend who was in the passenger side of his vehicle happened to worked.

The vehicle, determined to be in sound mechanical order, was deemed to be a total loss.

Police began receiving reports Nicholls had told people within the Cedar community he’d hit a deer on the night of the incident, leading police to focus on him as a possible suspect.

A search warrant was issued for his parents’ home, where Nicholls lived, on Feb. 28 where his grey 2008 Hyundai Tucson was seized.

Two days later, Nicholls went to the Nanaimo RCMP detachment and admitted to the accident and his failure to remain on scene.

Nicholls told investigators he was not aware Abma had died, simply thinking she was unconscious.

He also told police at the time no one else was involved, and he hadn’t consumed any alcohol.

A second interview, roughly two weeks later on March 14, changed details of Nicholls’ story, when he admitted his friend was in the vehicle with him.

Nicholls returned a third time the next day to relay to police that his friend had told him to drive away and not say anything, blaming “shock and fear” for his actions.

During her decision on Wednesday afternoon, judge Hodge said Nicholls’ conduct fell beneath some of the heightened morally culpable offenders supplied in sentencing recommendations by the Crown.

“His lies to police, although it did interfere with a swift determination of what occurred and who was responsible, didn’t include the level of concocting or complexity that the lies of some of the offenders in the Crown cases told, or the length to which those offenders went to support their lies.”

Abma was remembered during her sentencing hearing as a popular, beloved member of the community.

Several heart-wrenching vicitm impact statements were outlined in court.

The victim had been a member of Ladysmith First United Church for over 60 years.

Her obituary notes she’s survived by her sister and brother, three children, seven grandchildren and 14 great-grandchildren.

Bertha Abma had several children, grandchildren and 14 great grandchildren. (submitted photo)

Nicholls apologized in court for his actions, saying he takes full responsibility for his conduct and that he’s truly sorry.

Crown counsel pushed for a jail sentence of between nine and 12 months, along with a 12 months probation and two-year driving prohibition.

Nicholls’ lawyer advocated for non-custodial sentence in the range of six to nine months.

“What is it really like to be 27 years old, in this circumstance, in a small community, who is being labelled, technically, as a murderer. Fired from your jobs and ostracized, and he lives with that grief that he expressed daily, it’s real,” defence attorney Michael Mulligan told the court last month.

Several character reference letters on behalf of Nicholls were presented in court.

He lost his job as a mechanic and as a paver as a result of publicity arising from the charge he faced.

Nicholls was charged nearly a year after the fatal incident.

Nicholls’ CSO includes not consuming alcohol, cannabis, or attending any licensed business establishment, as well as a 12-month driving ban.

range of cases

minimum sentence is $1000

only fine is when moral culbabiltiy is low, case law.

life in prison is max…

CSO is avaiable for this offence….

mandatory one-year ban in Motor Vehicle Act….

3-18 months jail in BC, CSO’s as well….similar circumstances….

ontario is higher 5-24 months jail…..