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Sarah Paino with partner Daniel Stirling and their firstborn son, who was in the car when his mother was killed in a high-speed crash.
A TEENAGER who killed a pregnant Hobart mother after he ran a red light at 110km/h in a stolen SUV has been jailed for five years.
The 16-year-old, who cannot be named because of his age, was sentenced by Justice Helen Wood in the Supreme Court for the “chillingly dangerous†act of driving committed on January 22 this year.
Following the teenager’s plea of guilty to manslaughter, Justice Wood opted to sentence him as an adult, saying the two-year maximum available under the Youth Justice Act would have been “plainly inadequate†for the crime.
The defendant will be eligible for parole after serving half the sentence, which was backdated to January 22 this year.
The teen was 15 when in January he drove with two other teens and a 12-year-old at speeds up to 200km/h through suburban and city streets in Hobart, with his joy ride coming to an end when he T-boned a Nissan hatchback driven by Sarah Paino, 24, at the intersection of Davey and Argyle streets.
Ms Paino, who was 33 weeks pregnant, was killed instantly, while her baby was delivered alive a short time later in hospital.
Daniel Stirling, Ms Paino’s partner, later named their son Caleb. The couple’s two-year-old son Jordan, who was in the car’s back seat, was uninjured.
The crash in Davey St that claimed the life of Sarah Paino.Source:News Corp Australia
Justice Wood said crash investigators established that the Toyota RAV4 was travelling at least 110km/h at the time of impact, while the Nissan was travelling at just 17km/h.
The defendant, who fled the crash scene, later pleaded guilty to Ms Paino’s manslaughter in a case which has attracted national attention.
In sentencing the defendant, Justice Wood described his degree of culpability as “particularly highâ€, adding the crash had not resulted from an isolated act of impulsive driving but a prolonged journey featuring excessive speeds.
Justice Wood said she took into particular account the victim impact statements from Ms Paino’s mother, father, brother and Mr Stirling.
Daniel Stirling, left, arrives with family at the Supreme Court in Hobart. Picture: SAM ROSEWARNE.Source:News Limited
“Their suffering and sense of grief is immeasurable,†Justice Wood said.
“Her death is unbearable for each of them.â€
Mr Stirling is in profound shock and is unable to fathom the loss of his partner “of eight wonderful yearsâ€. He has had to have counselling.
“Ms Paino’s family speak of her wonderful personal qualities and that she was integral to their lives and happiness,†Justice Wood said.
Yesterday, Mr Stirling and the Paino family left court via a side exit, not commenting on the sentence to media.
In a police interview after his arrest, the defendant admitted to stealing the vehicle in Glenorchy and estimated he was driving as fast as 160km/h on the East Derwent Highway and up to 200km/h at other times.
Justice Wood said the admissions were significant because they revealed he was well aware of the speeds he reached during the journey.
“He should not have been driving at all; he was an unlicensed driver,†she said.
“His inexperience, lack of knowledge and a lack of skill heightened the risk associated with every moment of his reckless driving. He deliberately accentuated the danger he posed by switching off his headlights and also by some acts of exhibitionism.
“He was showing off to his passengers. Some of his driving at high speed was due to his sighting of a police vehicle and to avoid apprehension. These are aggravating factors.â€
Sarah Paino’s sister Olivia, left, and mother Jane arrive for the sentencing hearing. Picture: SAM ROSEWARNE.Source:News Limited
Justice Wood said that since the defendant’s police interview, he had shown remorse for his crime, saying the worst part for him was knowing his actions meant two children would grow up without a mother.
Justice Wood acknowledged the effect the crime had had on the defendant’s family, with his parents forced to move house and a younger sibling to change schools as a result of community outrage over the case.
In sentencing, Justice Wood said the court had to balance the sanctity of human life and personal and general deterrence against the defendant’s youth and prospects of rehabilitation.
“I impose this sentence very conscious that for this young defendant it is a very heavy penalty,†Justice Wood said.
“But, a lesser sentence would not adequately reflect the gravity of the defendant’s conduct and would not adequately meet the need for general deterrence.
“Having in mind his youth and his reform, I will allow early consideration for parole. Given the circumstances, I will also order that the sentence is to commence on the 22 January 2016.â€
The defendant was also disqualified from driving for five years after his release.