A woman was on the phone and under the influence of cannabis when she ran through a give way sign and fatally struck a motorcyclist in Adelaide’s southern suburbs, a court has heard.
Elizabeth Meg Krainz, 28, was sentenced to a good behaviour bond in South Australia’s District Court on Thursday after pleading guilty to causing the death of 21-year-old Danny Gailey, by careless driving, on Main South Road at Aldinga on the afternoon of May 28, 2024.
Outside court, Kirsty Gladwin addressed the media on behalf of Mr Gailey’s mother Elena Murav’eva.
“No sentence … will ever bring Danny back,” she read from a statement prepared by Ms Murav’eva.
“I feel Danny would think we got justice because he wouldn’t want anyone to hurt.
“Both lives have changed. Her life has changed forever. This will never stop leaving her mind.”
Crash victim Danny Gailey (right) with mother Elena Murav’eva. (Supplied)
She added: “Everyone’s hurting, even Ms Krainz is hurting.”
Krainz was the first person to be charged under new laws introduced after the death of teenager Sophia Naismith, who was killed by an out-of-control Lamborghini while walking on a footpath.
New driving laws to be introduced in SA
Sophia’s father attended the hearing on Thursday in support of Mr Gailey’s friends and family, as well as several other supporters who filled the court room wearing “Justice for Dan” stickers on their clothes.
In sentencing Krainz, District Court Judge Anne Barnett said she believes Ms Krainz is genuinely remorseful.
“I’ve had regard to your apology and accept it demonstrates genuine remorse and contrition and that your life has been forever changed by this accident,” she said.
“A young man has lost his life … [which] has had devastating and far-reaching consequences for his family, friends and community.”Motorcybike had been travelling at 140km/h
Judge Barnett said that Krainz “failed” to give way and subsequently “collided with a motorcycle coming from a southerly direction on Main South Road being driven by Danny Gailey”.
Mr Gailey was rushed to hospital where he died days later.
She said a blood sample taken that day detected cannabis in Krainz’s system.
“Most likely six micrograms per litre, this is the equivalent of a blood alcohol concentration of 0.04 per cent which I note is below the legal limit,” Judge Barnett said.
She added that an expert report opined there could have been “general affects” from the cannabis including “slow reaction times” and an “increase in driving errors”.
Krainz was the first person to be charged under new laws introduced after the death of teenager Sophia Naismith. (ABC News: Eva Blandis)
Judge Barnett said phone records showed Krainz was on the phone at the time of the incident but “there is no evidence … about how that call was conducted”.
Evidence was brought before the court which showed Mr Gailey was travelling at “an average of 140 kilometres per hour” in the lead-up to the crash but had slowed down before the collision.
“While I accept he was travelling at extremely high speeds in the lead-up to the incident, [the evidence] suggests he was not travelling at excessive speed at the time of impact,” Judge Barnett said.
Krainz was sentenced to one year, eight months and 13 days behind bars with a non-parole period of one year, four months and 11 days.
Judge Barnett said she found reason to suspend the sentence upon the 28-year-old entering a bond to be of good behaviour for two years.
Krainz has also been disqualified from driving for three years from the time of her arrest in June 2024.