Driver fined $2,000 and disqualified after death of Melbourne student Jack Davey
Jack Davey, 11, was killed when an SUV crashed through a school fence at Auburn South Primary School last year. (Supplied)
In short:
A woman who lost control of her car and drove into a primary school fence, striking five children and killing one of them, has been handed a $2,000 fine.
Shaymaa Oun Ghazi Zuhaira, who also had a child enrolled at Auburn South Primary School when the tragedy occurred in October, was sentenced on Wednesday.
What's next?
Zuhaira was convicted of careless driving and was also disqualified from driving for two years and ordered to complete a safe driving course.
Shaymaa Oun Ghazi Zuhaira left the Melbourne Magistrates Court with a $2,000 fine on Wednesday.
But as the magistrate and one of her victims pointed out, the real punishment will be living with the consequences of a split-second mistake that caused so much devastation.
Last October, Zuhaira was driving out of a parking spot near a Melbourne primary school when she lost control of her SUV, ploughed through a fence and struck five students.
Jack Davey, 11, was killed and the others were injured.
"Living with the guilt of killing a kid is very tough," said Jack's best friend, who was also injured in the crash and reflected on the driver's actions in a victim impact statement.
The enduring grief felt by Jack's parents and loved ones was also made clear to the court.
Parents of schoolboy Jack Davey, Michael and Jayde Davey outside the Melbourne Magistrates' Court earlier this week. (AAP/Con Chronis)
Earlier this week, Jack was remembered as a gun at sport, and a clever, affectionate boy who was "everyone's friend".
Michael Davey delivered a gut-wrenching victim impact statement that left several in the public gallery in tears, and caused Zuhaira to begin sobbing uncontrollably.
Mr Davey said people often come up to him and say, "I just can't imagine what you're going through".
"The truth is people can imagine what we are dealing with, for they are parents as well. They can 100 per cent imagine what we are going through. They just don't dare to," he said.
"Father's Day is this Sunday," Mr Davey continued.
"I will be lying at his gravesite, loving my son worlds apart."
Sentenced for careless driving
Zuhaira, a 40-year-old mother who also had a child at Auburn South Primary, was on Wednesday sentenced for careless driving, a low-level traffic offence.
She was a P2 probationary licence holder and was unable to explain how her vehicle ended up travelling over a median strip, two lanes, a footpath and through a fence, before crashing into the unsuspecting children.
Crash analysis found no mechanical faults with the vehicle.
"The best explanation appears to be you mistakenly put your foot on the accelerator instead of the brake," Magistrate Vincenzo Caltabiano said on Wednesday.
Zuhaira was charged with careless driving, an offence committed when a person failed to exercise care behind the wheel.
It is a low-level traffic charge that carries a maximum penalty of a $2,442 fine.
Magistrate Caltabiano found the crash was a serious example of the offence, saying it highlighted the care needed when people got behind the wheel.
Shaymaa Oun Ghazi Zuhaira covered her face while leaving court on Monday. (AAP/Con Chronis)
"All too often it's taken for granted," he said.
The killer driver was convicted and fined $2,000, disqualified from driving for two years and ordered to complete a safe driving course.
"This is a tragic case. It's a sad case. A case where little that I say or do today will overcome the effects of what happened on the 29th of October 2024," the magistrate said.
"You will need to live with the consequences of what happened and this will be difficult."
The magistrate noted the driver's remorse, unblemished criminal record and early guilty plea.
Outside court, Mr Davey called for a review of state driving laws, saying there was not "an appropriate charge for the type of driving that occurred".
Zuhaira, who was supported by her husband, covered her face as she walked from court.
Jack Davey's parents call for tougher laws for fatal crashes
Outside the court on Wednesday, Jack's father Michael Davey made a brief statement, calling for a review of laws governing careless driving.
"This process has highlighted inadequacies in the laws governing careless driving and the absence of an appropriate charge for the type of driving that occurred in this case," he said.
Michael and Jayde Davey say Victoria lacks sufficient laws for crashes like the one that killed their son. (ABC News)
"We welcome a discussion with legislators to bring Victorian road laws in line with other states, namely that there is some recognition of the serious injury and death that our children were exposed to due to the carelessness of a road user.
"We also call for a review of licensing laws and how they properly assess and govern the provision of licenses to people over the age of 25."
Mr Davey said he his wife missed their son "beyond measure".
"Regrettably nothing we can say will bring him back."