The group left after three hours and went into Perth’s city centre, where they continued drinking at various bars before they were refused entry at one location about 8pm.
They were seen on CCTV walking down Murray St shortly afterwards, where Kemp hired an e-scooter, allowing her friend to ride on the back.
Footage played in court showed Kemp’s friend stumbling off the e-scooter and having difficulty maintaining her balance before they took off, forcing pedestrians to step out of their way as they went.
Minutes later, Kemp struck Phan from behind as she was travelling about 20km/h and he was standing at an intersection waiting to cross the road.
Phan fell and struck his head on the pavement with significant force, causing fatal injuries to his brain.
Kemp’s friend also fell from the e-scooter during the incident and was unconscious at the scene, suffering a skull fracture.
Police conducted a preliminary breath test on Kemp at the scene, which revealed the backpacker had a blood-alcohol level of 0.185, three times the legal limit.
Thanh died three days later.
Judge Wendy Hughes said during sentencing at Perth District Court that Kemp drove the scooter along the footpath, weaving in and out of pedestrians in a dangerous manner, and failed to give way to traffic.
CCTV footage of British backpacker Alicia Kemp preparing to ride an e-scooter with a friend on the back while they were intoxicated, before they fatally struck Thanh Phan. Photo / Perth District Court
Judge Hughes told Kemp what made the offending so serious was that she knew she had been drinking and was impaired by alcohol, yet chose to drive the e-scooter.
“[Thanh] had little to no warning that you were coming, and that then explains why his injuries were so catastrophic because it was an unprotected fall,” she said.
“It is evident from the CCTV footage that the collision caught the victim unaware, and that he had no time to protect himself.”
Judge Hughes said deterrence was the main factor in sentencing Kemp and there was a need to send a clear message to the community about the danger of riding e-scooters while intoxicated.
“You, Ms Kemp, are the cautionary tale,” she said.
“A very important part of sentencing you today is to send a clear message to the community, and young people in particular, that e-scooters are not toys.
“You are responsible for that person’s death, and that is the truth for you. It was not an accident. You are responsible for the death of a good man.
“Your offending is just so serious because the consequences of what you did resulted in the loss of life to the victim, but in terms of also your culpability, being intoxicated and speeding.”
Kemp was sentenced to four years’ imprisonment.
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