A driver who killed her five-year-old niece and caused a pregnant expectant mother to be stillborn has been spared jail.
Chrystle Olivia Kemp, 27, was sentenced on Wednesday at the Victoria County Court in Shepparton.
He previously pleaded guilty to one count of dangerous driving causing death and one count of causing serious injury to heavily pregnant Elodie Aldridge in Shepparton East on October 20, 2023.
Kemp had picked up his young niece Savannah without telling her sister before running a stop sign and colliding with two other cars.
Judge Geoffrey Chettle said Kemp’s injuries from the accident, including continuing to require crutches to walk, would make prison time “unbearable”.
“It’s understandable that you want to be punished,” he said.
‘On rare occasions and exceptionally, a court will be justified in not imposing such a sentence. In my opinion, yours is one of those rare and exceptional cases.
Judge Chettle went on to explain that although the accident had tragic consequences, the prison time did not adequately reflect his guilt.
Chrystle Kemp, 27, pleaded guilty to one count of dangerous driving causing death and one count of causing serious injury.
Kemp’s niece Savannah, 5, died in the collision in Shepparton East on October 20, 2023.
‘The consequences of not stopping are catastrophic. “Two young lives have been needlessly lost, but nothing this court can do can change that,” the judge said.
‘The tragic consequences of your actions cannot dictate the punishment. Justice is not vengeful.
“Nothing this court can do to you will punish you as much as you punish yourself.”
However, prosecutor Phillip Teo said Kemp should be jailed as her moral culpability increased by ignoring the legal requirement to put Savannah in her booster seat.
Kemp had picked Savannah up from kindergarten without telling her sister Bryana and was taking her to Dookie to spend the afternoon on the day of the accident.
But the young woman was not wearing a full seat belt nor was she sitting in a booster seat, only a seat belt protected her while she sat in the rear passenger seat.
Judge Geoffrey Chettle said “two young lives have been unnecessarily lost” in the crash (scene pictured)
Kemp ran a stop sign and collided with two other vehicles, hitting the brakes three and a half seconds before going through the intersection of Old Dookie and Boundary roads.
Savannah suffered injuries to her chest, legs and neck severe enough to kill her at the scene.
Aldridge’s son, Remi, was stillborn at 34 weeks after the collision.
Kemp was sentenced to a two-year community corrections order and will have to carry out 250 hours of unpaid community work as well as completing programs including a road trauma course.