Fatal crash sentence ‘devastation’

TAMMY Stone was "devastated" on Wednesday to hear the sentence of the negligent driver who killed her mother in a head-on collision in 2018.

"She got three months suspended for taking my mother's life," she told media outside the Launceston Magistrates Court.

"Where's the justice? There isn't any."

Newnham woman Kim Lavinia Fayers, 53, was sentenced by Magistrate Sharon Cure yesterday having pleaded guilty last month to causing the death of 69-year-old Corrie Stone by negligent driving.

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Fayers was driving from Newnham with her friend Gregory Cassidy to visit her sick father at Scottsdale on December 28, 2018, when her grey Mitsubishi Challenger crossed to the wrong side of Golconda Rd while negotiating a bend near Lebrina, crashing head-on into the black Mercedes driven by Stone.

 

Kim Lavinia Fayers, 53, left, who caused the death of 69-year-old Corrie Stone, leaves the Launceston Magistrates Court with family after being sentenced to three months imprisonment wholly suspended. Picture: PATRICK GEE
Kim Lavinia Fayers, 53, left, who caused the death of 69-year-old Corrie Stone, leaves the Launceston Magistrates Court with family after being sentenced to three months imprisonment wholly suspended. Picture: PATRICK GEE

Stone died instantly from significant neck and chest injuries while Fayers and Cassidy received non-life-threatening injuries.

There was a 55kmh speed advisory sign before the bend in question but Fayers said in an interview with police that she did not see or obey the sign, and evidence showed she was travelling between 100-110kmh at the time she lost control of the vehicle.

Fayers suffered broken ribs and a torn rotator cuff as a result of the crash.

Her right arm had to be amputated in August last year after her shoulder injury led to sepsis.

Magistrate Cure said Fayers pleaded guilty at the earliest opportunity, despite delays in court progress because of Fayer's medical treatment.

Handing down her sentence on Wednesday, Magistrate Cure told the court Fayers had failed to keep a proper look out ahead of her vehicle as she approached the corner and "failed to exercise proper skill and management of the vehicle".

Magistrate Cure said the act of negligence could be "no more grave than to cause the loss of life of Ms Stone" and the court must take into account the impact the victim's children have suffered.

"It is indeed a tragic loss," she said.

 

Tammy Stone, the daughter of Corrie Stone who was killed by negligent driver Kim Lavinia Fayers, was disappointed by the sentence Fayers received. Picture: PATRICK GEE
Tammy Stone, the daughter of Corrie Stone who was killed by negligent driver Kim Lavinia Fayers, was disappointed by the sentence Fayers received. Picture: PATRICK GEE

"It is not deliberate or wilful conduct. She failed to slow in accordance of the advisory sign.

"I accept she is deeply remorseful and lives with deep shame and regret. All drivers become complacent and that can become negligence in a heartbeat.

"I do not regard deterring the defendant from further offending as holding great weight. She is not likely to repeat the mistakes she made."

Magistrate Cure said she must impose a just punishment and sentenced Fayers to three months imprisonment wholly suspended for two years.

Stone's daughter Tammy Stone said she was "devastated" by the decision.

"I know nothing is ever going to bring her back, but it's just wrong," she said outside of court.

"It's destroyed more than my family. To be honest, I was hoping for jail time. It's just the fact of justice. Someone can take another's life ... it's just not fair."

Ms Stone said her mother was "everything to everyone".

"She didn't put herself first, it didn't matter what situation. She was just the most caring, loving person. It didn't matter what it was, what hour of the day, if you called her she'd be there in a heartbeat.

"It's just soul destroying to lose your best friend. She's never going to come back."