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HomeAULandmark Law Reform: Drunk Driver's Fatal Hit-and-Run Sparks Major Legal Overhaul

Landmark Law Reform: Drunk Driver’s Fatal Hit-and-Run Sparks Major Legal Overhaul

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A drunk driver who left a woman to die has been sentenced to almost five years behind bars for the incident which prompted a change of Western Australia‘s laws.
Kelly T’Hart was described as the rock of her family but the 32-year-old’s life was cut short almost two years ago when she was hit and killed while walking near Mandurah, about 70 kilometres south of Perth.

Maddison Bain found herself behind the wheel on a dark, rural stretch of Furnissdale road, where the speed limit was set at 110 km/h, despite being out on bail.

Kelly T'Hart
Kelly T’Hart was described as the rock of her family but the 32-year-old’s life was cut short almost two years ago (9News)

A subsequent test revealed her blood alcohol concentration was potentially four times above the legal limit.

In the back seat, a friend traveling with her three-month-old infant urged Bain to drive more cautiously, exclaiming in shock, “F— Maddie, you just hit someone.”

However, the 27-year-old continued her journey home, leaving T’Hart to perish alone in the dirt.

This tragic event has led T’Hart’s family to campaign for legal reforms, aiming to prevent hit-and-run offenders from returning to the road while awaiting trial.

Maddison Bain
Maddison Bain was on bail and behind the wheel, driving on the unlit Furnissdale road with a default speed limit of 110km/h. (9News)

“Don’t drink and drive, it takes nothing to get an Uber or ring a friend or a family member,” T’Hart’s mother, Susan T’Hart, said outside court today.

“Don’t do this to other people and kill someone they love.”

Bain wiped tears from her eyes as the victim’s mother read her statement but she showed a lot more emotion when her own children were discussed.

The court heard she’d fallen pregnant while waiting for her case to be dealt with.

Kelly T'Hart's mum Susan T'Hart
T’Hart’s mum Susan T’Hart (pictured) successfully lobbied for the Traffic Act to be changed after Bain was allowed to continue driving while on bail. (9News)

Bain was sentenced today to four years and 11 months in jail and also banned from driving for three and half years.

T’Hart’s mum successfully lobbied for the Traffic Act to be changed after Bain was allowed to continue driving while on bail.

A bill known as Kelly’s Law is now before Parliament.

Where Kelly T'Hart was hit
Bain was sentenced today to four years and 11 months in jail and also banned from driving for three and half years. (9News)

“She’d be super proud like we all are,” family friend Denyse Needham said outside court.

“It’s a wonderful legacy for such a beautiful girl.”

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