A drunk driver who killed a woman in a hit-and-run in Mandurah and was allowed to drive two months later, leading to tougher road safety rules, has been sentenced to four years and 11 months in jail.
Maddison Peace Bain, who is now pregnant, has been in custody since February.
The 27-year-old had been drinking at a friend’s home and may have been four times the legal blood alcohol limit when she hit Kelly T’Hart in Furnissdale in May 2024.
Ms T’Hart, who had just turned 32, was walking along Riverside Drive when she was struck by Bain’s car, sustaining severe head and pelvis injuries.
Kelly T’Hart had recently celebrated her 32nd birthday. (Supplied: Family)
The District Court heard Ms T’Hart was hit just as Bain had turned her head to speak to a passenger.
The passenger told Bain “f*** me, you’ve just hit someone”, and said she should stop but Bain kept driving to her home.
Blood alcohol reading
A police officer who went to the home said Bain had a beer in her hand, was unsteady on her feet and slurring.
The court was told that hours after the incident, Bain had a blood alcohol reading of more than 0.12 and was estimated to have had a reading of between 0.15 and 0.2 at the time of the collision, four times the legal limit of 0.05.
Bain was charged with manslaughter but later pleaded guilty to dangerous driving causing death, under the influence of alcohol.
Maddison Peace Bain drove off after hitting Ms T’Hart. (ABC News: Anne Barnetson)
District Court Judge Lindsay Fox said Bain hadn’t had one drink too many, but “several too many” and was not capable of being in control of a vehicle.
Judge Fox said that while she started to scream and cry when she got home, saying “I just killed someone”, Bain later claimed she thought she hit a bin or a kangaroo.
He described her as an alcoholic who had drank heavily since the age of 14, but noted she had taken steps to address her drinking since the collision.
Victim impact statement
Kelly’s mother, Susan T’Hart, read out a victim impact statement to the court, saying her daughter was killed through a “senseless and negligent act”.
Ms T’Hart told the court her daughter was dependable, “the rock of our family”, and “someone to laugh with”.
Susan T’Hart has lobbied for changes to road safety laws since the death of her daughter Kelly in 2024. (ABC News: Courtney Withers)
She said Kelly, an SES volunteer, was known for rescuing injured animals and it was “ironic” she herself was left to die by the side of the road.
Ms T’Hart said Kelly had just celebrated her birthday and the last time she saw her, she gave a hug and said “I love you”.
Only 40 minutes later, she said, “Maddison Bain killed Kelly” and “I was shattered and changed forever”.
Bain had “taken a peaceful life from me,” Ms T’Hart said.
Speaking outside court, Ms T’Hart welcomed the sentence.
Susan T’Hart said she was “satisfied” with Bain’s sentence. (ABC News: David Weber)
“Nothing is going to bring Kelly back, nothing is going to be long enough but four years and 11 months, yeah, we’ve got to be satisfied with that,” she said.Kelly’s Law introduced
Ms T’Hart told the court of the challenge of living in the same area as Bain, and she lobbied for change to the Road Traffic Act.Â
The WA government announced in February the law would be changed to expand the number of charges which attract a mandatory licence suspension.
Kelly T’Hart was just 900 metres from her home when she was killed on an evening walk. (ABC News: Courtney Withers)
The government said the amendments, known as ‘Kelly’s Law’, would ensure those facing “serious driving charges”, like hit and run offences, would not be able to drive before facing court.
The courts would be given greater power to extend licence disqualification until sentencing.
The legislation has already passed through the lower house of parliament and the government expects the changes to take effect by the end of the year.
Bain will be eligible for parole in 2029 and will be disqualified from driving for three years and six months after release.Â
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