New laws have passed South Australia’s parliament, raising the maximum jail term for dangerous driving causing death or serious harm from 12 months to five years.
It will also require drivers of high-powered vehicles such as Lamborghinis, and some Ferraris and Porsches to obtain a specific licence.
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The changes were sparked by the death of 15-year-old Sophia Naismith who was struck by a Lamborghini that mounted a kerb, hitting her and a friend before crashing through a restaurant in 2019.
Adelaide man Alexander Campbell was handed a suspended sentence of almost five months, and ordered to complete 200 hours of community service last year after pleading guilty to aggravated driving without due care.
He was acquitted on a more serious charge of causing death by dangerous driving in an earlier trial, at which a judge ruled it could not be proven beyond reasonable doubt the 35-year-old accelerated deliberately before the crash.
Sophia’s father, Luke Naismith, campaigned for the reforms following his daughter’s tragic death, and welcomed their passage through parliament.
“The reforms won’t bring Sophia back, but it will make drivers more accountable for their anti-social behaviour and will reduce some of the trauma of families navigating the legal system,” he said.
The new licence class for high-powered vehicles, defined as having a power-to-weight ratio of 276 kilowatts per tonne or more, will be introduced in the coming months, SA Attorney General Kyam Maher said.
Drivers of such cars will also face a fine of up to $5000 if they disable automated safety systems on the cars.
Maher said the courts will impose a three-year licence disqualification on drivers who cause serious harm or death while drunk or on drugs.
If found guilty of an aggravated offence, these drivers will also face a maximum jail term of seven years, instead of five years.
“Sophia Naismith’s tragic death highlighted serious problems with our current laws (with) driving conduct that causes death or serious harm,” he said.
“These problems included the lack of an offence that takes into account driving that does not meet the threshold of ‘dangerous’ driving, but warrants tougher penalties than those available at the lower level of offending.”
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