A woman has avoided jail time after the car she was driving collided with a motorcycle south of Mackay last year, killing a father and daughter.
Key points:
- Alan Atherton, 60, and his daughter Hannah, 19, died after their motorbike crashed into a car
- Driver of the car, Debbie Lee Hudson, pleaded guilty to driving without due care and attention causing death
- Hudson was sentenced to five months in jail, wholly suspended
Allan Atheron, 60, and his daughter Hannah, 19, were travelling on the motorcycle on April 18, 2022, when it collided with Debbie Lee Hudson's car on the Bruce Highway near Koumala, south of Mackay.
Mr Atherton died at the scene, while Ms Atherton died in the Townsville Hospital two weeks later.
Hudson, 65, pleaded guilty in the Mackay Magistrates Court earlier this month to one count of driving without due care and attention causing death.
Birthday celebrations
Magistrate Michelle Howard on Friday said family members were waiting at a nearby restaurant to celebrate Mr Atherton's birthday when they received news of the crash.
Mr Atherton's wife, Breanca Atherton, sat with family members in court as the moments leading up to the crash were described.
Hudson's barrister, John Jacob, told the court Hudson was driving four passengers on the day of the crash when she missed a turn near Koumala.
Mr Jacob said Hudson pulled over to the side of the road and waited for several cars to go past before she began a U-Turn, colliding with Mr Atherton's motorcycle.
Police prosecutor Sergeant John Moran told the court Mr Atherton had braked causing skid marks for 2.6 metres.
"There was nothing more he could do," Sergeant Moran said.
"Ms Hudson simply never saw Mr Atherton and Hannah.
The driver
Hudson's barrister said his client was tormented and "devastated" by the "seconds leading up to the crash".
"She unreservedly apologises and wishes she could do much, much more," Mr Jacob said.
"As we know sentences are always finite and they come to an end at some point, but Ms Hudson will continue to carry the almost unbearable burden of responsibility for having caused this incident … for the rest of her life."
The court heard Hudson's licence had been twice suspended twice for not paying fines and she had received six infringements for speeding in the past five years.
Ms Howard said she accepted Hudson's lack of attention was brief.
"Sadly the consequences were tragic," she said.
She took into account Hudson had no criminal history and no relevant traffic history.
Hudson was sentenced to five years in jail, wholly suspended for 18 months and disqualified from driving for nine months.
Outside the courthouse, Mr Atherton's widow Breanca Atherton said she was disappointed with the outcome.
"I'm being honest, nine months wasn't justified for us," Mrs Atherton said.