The driver in a crash that killed a five-year-old and resulted in the death of an unborn baby has escaped a jail sentence.
Chrystle Olivia Kemp, 27, of Shepparton, pleaded guilty in Shepparton County Court to dangerous driving causing the death of her niece, five-year-old Savannah Kemp, and dangerous driving causing serious injury to Elodie Aldridge, which resulted in the loss of her unborn baby.
The charges stem from a crash at Shepparton East on October 20 last year when Kemp drove through a stop sign at the intersection of Old Dookie Rd and Boundary Rd and was hit on either side by cars travelling in opposite directions on Boundary Rd.
Savannah died at the scene, while Mrs Aldridge – who was 34 weeks pregnant – was flown to a Melbourne hospital, where her baby was delivered stillborn during an emergency caesarean.
On Wednesday, November 20, Judge Geoffrey Chettle indicated that he would sentence Kemp to a community corrections order if she was found suitable to be placed on one.
On Friday, November 22, he confirmed Kemp was able to be placed on a community corrections order and he delivered his sentence officially.
She was placed on a two-year community corrections order, with 250 hours of community work.
Judge Chettle also ordered she receives psychological, neuropsychological and psychiatrist treatment for mental health conditions and that up to 50 hours of this treatment can count towards her community work hours.
Kemp was also disqualified from driving for 18 months.
Under Victorian law, anyone found guilty of dangerous driving causing death usually must be imprisoned, unless they can prove substantial and compelling circumstances that are exceptional and rare that keep them out of jail.
Judge Chettle said Kemp had reached the criteria for this to apply, given a combination of medical conditions she suffered.
Kemp is booked in to undergo two separate serious surgeries, in January and March next year, and also suffers from Crohn’s disease, and is unable to walk without crutches due to injuries suffered in the crash.
If she had been jailed, the surgeries would not have been able to proceed at the scheduled times.
He also said Kemp’s moral culpability had been low as she had simply not stopped at the stop sign, and alcohol, drugs, speeding, fatigue and mobile phone use had not been factors.
In sentencing Kemp to a community corrections order, Judge Chettle said the community work component of it was “somewhat of an issue” because of Kemp’s disabilities, however, he said the department had “found a way she could do it”.
Kemp had a small group of supporters in court with her to hear the official verdict.
Savannah’s mother Bryana Kemp, as well as Elodie Aldridge and her husband Andrew Aldridge, were not present for Friday’s official sentence, having heard the judge’s indication about the sentence two days earlier.