A Perth woman whose careless driving caused the death of her twin daughters in a crash in country WA has successfully appealed an immediate term of imprisonment.
Rachel Van Oyen, 32, was behind the wheel when her car crashed off Great Eastern Highway and into a tree between Merredin and Southern Cross, about 350 kilometres east of Perth, in February last year.
During sentencing in the Northam Magistrates Court in March this year, Van Oyen was sentenced to eight months' imprisonment and ordered to serve two months immediately, with the remaining six months to be suspended.
She spent just two days in Melaleuca Prison before being granted bail after her lawyers lodged an appeal with the Supreme Court.
Court documents state that during the decision hearing in the Supreme Court on Tuesday morning, the original sentence was overturned on appeal by Judge Terence Palmer.
The court documents show Van Oyen's new sentence is eight months' imprisonment, suspended for nine months.
"Ms Van Oyen challenged the sentence imposed both on the basis that the wrong type of sentence had been imposed, and that the length of the term of imprisonment was manifestly excessive," the documents showed.
Prosecutors told the court she had closed her eyes momentarily while driving, for unknown reasons, causing her to veer onto the wrong side of the road.
Her vehicle struck several trees and eventually landed on its roof.
Her daughters, Macey and Riley James, were ejected from the vehicle and sustained fatal injuries.
Van Oyen sustained minor injuries and was taken to Merredin Hospital.
She was charged by police in May 2024 after declining to participate in a police interview and pleaded guilty last year.