Amberly Jane Hendy, 31, of Katunga, pleaded guilty in the Melbourne County Court to two counts of dangerous driving causing death and one of dangerous driving causing serious injury.
Hendy’s sister Eloise Rigby, 23, of Katunga, and Ms Rigby’s boyfriend Adam Boland, 39, of Shepparton, were killed in the crash on the Goulburn Valley Hwy about 1km from Wunghnu on September 6, 2019.
Hendy’s then four-year-old daughter was seriously injured and had to be resuscitated at the scene.
The child spent eight days in intensive care at the Royal Children’s Hospital, before spending three months in inpatient care with injuries including skull and facial fractures and a traumatic brain injury.
In handing down her sentence of a four-year community corrections order, Judge Elizabeth Gaynor said Hendy and the other two adults had high levels of cannabis in their system and Hendy told police at the scene she had smoked cannabis the night before as well as four bongs of cannabis mixed with tobacco that day.
Judge Gaynor also said the four had left Shepparton in light rain on the way to Katunga, but it had changed to heavy rain and then a sudden hail storm at the time of the crash.
The court heard Hendy had braked to release the cruise control and then braked again as she lost control and aquaplaned into a car coming in the opposite direction on the other side of the road.
Police examination of the crash scene found she was driving at between 39 and 53km/h at the time of the impact.
One of the rear tyres on the Holden Commodore that belonged to Mr Boland was also bald, with a police mechanic saying it was “likely to have contributed to the loss of control,” Judge Gaynor said.
The Judge also noted Hendy’s close relationship with her sister who Hendy described as her “soul mate”.
“My life without Eloise and Adam is constant heartache,” Hendy said in a letter to the court.
“This life is almost impossible to live without them.
“I regret that day beyond words, beyond measure.
“I live every day with sorrow and every day begging forgiveness.”
A victim-impact statement from Mr Boland’s mother also said “I truly believe Amberly would feel every day the loss of her sister, her mate Adam and the injury to her daughter”.
Judge Gaynor noted that Hendy now suffered from major depressive disorder and post-traumatic stress disorder.
However, it was the effects any imprisonment would have on Hendy’s young daughter that swayed the judge not to imprison her.
The girl suffers from a traumatic brain injury and post-traumatic stress disorder, as well as separation anxiety disorder — with difficulties in being separated from her mother.
In a report to the court, a clinical psychologist said the girl had physical and emotional issues and was “at high risk of deterioration if (her mother) was incarcerated”.
Judge Gaynor said these were “rare and exceptional circumstances” that led to Hendy not receiving a jail term.
Instead, she was sentenced to a four-year-community corrections order that includes 400 hours of community work, as well as assessment and treatment for mental health and drugs.
