An English backpacker who was drunk when she hit and killed a man while riding an e-scooter in Perth’s CBD has been sentenced to four years jail.<\/p>\n
Alicia Kemp, 25, who was in WA on a working holiday visa, struck pedestrian Thanh Phan on a footpath along Murray Street in May.<\/p>\n
The 51-year-old’s head hit the pavement and he died in hospital.<\/p>\n
<\/p>\n
Thanh Phan died in hospital after being struck by the e-scooter.\u00a0 (Supplied)<\/p>\n
A passenger who was on Kemp’s scooter was also hurt, but her injuries were not life-threatening.<\/p>\n
A ‘cautionary tale’<\/p>\n
In August, Kemp pleaded guilty to dangerous driving causing death while under the influence of alcohol, but a secondary charge of causing bodily harm to her passenger was dropped.<\/p>\n
It was estimated she hit Mr Phan at a speed of 20 to 25 kph, about the maximum speed of a rentable scooter.<\/p>\n
<\/p>\n
The incident occurred at the intersection of Murray and King streets. (ABC News: Glyn Jones)<\/p>\n
The District Court heard Kemp blew an alcohol level of 0.185, which is more than three times the legal limit to drive a vehicle.<\/p>\n
In sentencing, Judge Wendy Hughes said there was a clear message to send to the community.<\/p>\n
“You, Miss Kemp, are the cautionary tale,” Judge Hughes said.<\/p>\n
“E-scooters are not toys \u2026 if you drive while drunk at speed with a passenger without due care or attention and break the rules, that is not an accident.<\/p>\n
“That is the truth for you. It is not classed as an accident. You were responsible for the death of a good man, and I accept you understand.”<\/p>\n
The ‘backbone’ of the family\u00a0<\/p>\n
Mr Phan’s wife, Loan Lee, did not attend court but her victim impact statement was read out and detailed the struggle her family had experienced since her husband’s death.<\/p>\n
In her statement, Ms Lee said her husband was the “backbone” of their family, and they worked as a team to provide for their two adult sons who were both autistic with high needs.<\/p>\n
“Since his death, that team has been shattered,” she said.<\/p>\n
“His absence leaves me feeling exposed and isolated.”<\/p>\n
She said her family had been forced into a “vulnerable” and “uncertain” situation, and that her sons were unable to grasp their father’s death, constantly asking when he would come home.\u00a0<\/p>\n
“I worry every day what will happen to [my sons] if I am unable to cope,” she said.\u00a0<\/p>\n
“The pain of watching someone wait for someone who will never return is indescribable.”<\/p>\n
<\/p>\n
Several councils suspended the hiring of e-scooters after Mr Phan’s death. (ABC News: Glyn Jones)<\/p>\n
Mr Phan’s death thrust the issue of e-rideable regulation back into the spotlight, with the City of Perth indefinitely suspended the hiring of e-scooters, and other councils following suit in the weeks after.<\/p>\n
Kemp’s sentence was backdated to June 1, to reflect the time she has been in custody.<\/p>\n
She will be eligible for parole after two years and will have her driver’s licence disqualified for two years.<\/p>\n
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