Lucy Paveley hit-run death: ‘Hoon driver had time to stop’, court hears
LUCY Paveley was studying how to best care for traumatised families just hours before she was killed by a hoon driver who had “ample time” to stop his stolen car and avoid the fatal impact — but chose not to, a court has heard.
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LUCY Paveley was studying how to best care for grieving, traumatised families just hours before she was killed by a speeding hoon driver, a court has heard.
The District Court has also heard that expert evidence proves driver Lyle Morrison had “ample time” to stop his stolen car at a red light and avoid the fatal impact, even at great speed, but chose not to.
On Monday, the court heard sentencing submissions for Morrison, 19, and his co-offender, a youth who cannot be named.
The duo has admitted their driving caused the death of Mrs Paveley, a nurse and mother of two, at Parafield on August 20 last year.
Mrs Paveley’s husband, Jamie, was in court on Monday but had already given his victim impact statement at a closed-doors Aboriginal sentencing conference last month.
His wife’s friend, Cindy Juel-Chapman, said the Paveley family had been devastated by the crime, as had all of their friends.
She spoke directly to Morrison, who held his head in his hands.
“Lucy made everyone feel they were important, like they were her closest friend, and that showed even in her chosen profession,” she said.
“She was only a few months away from finishing her diploma and get back some time with her family.
“Do you know what was sitting on her desk when she died? An assignment on caring for grieving families.
“She was studying this, only to die the next day... just think about that for a moment.”
Ms Juel-Chapman described the pain of identifying her friend’s body and telling her young children their mother was dead.
She said the children were “in shock, they went blank” while Mr Paveley had lost “the love of his life”.
“I have to worry about Jamie too because I’m his emergency contact person, and I’m just a friend of his wife,” she said.
“I’m not his best friend, or his sister or his parents — they are in another country.
“He has to worry every day about his children because he’s all they’ve got... he’s literally in hell.”
She urged Morrison to “change your ways” on his eventual release from prison.
“After all this is said and done you will have your life back, and your future,” she said.
“Do the right thing with it because, you know what? Lucy can’t, all due to your stupid actions in going on a joyride.
“There are no excuses... no (prison) term will ever be enough... Lucy is gone forever.”
Tali Costi, prosecuting, noted Morrison was legally entitled to up to 40 per cent off his jail term due to his early guilty plea.
However, she said granting him such leniency would result in a sentence “disproportionate to the seriousness of his offending” and do nothing to deter him.
She said he had offended extensively before, and had posted photos to Facebook of himself smiling just hours after the fatal crash.
“The casual disregard for the loss of Mrs Paveley’s life casts a long shadow over this matter,” she said.
“They are young men who have done a grave and terrible thing.”
She said the two cars stolen by the duo and their friends reached speeds in excess of 146km/h prior to impact.
CCTV footage and witness statements, she said, showed the truly reckless nature of the fatal driving.
That was supported, she said, by expert evidence showing the traffic light turned red long before Morrison collided with Mrs Paveley’s car.
“Even travelling at 146km/h, Morrison had ample time to stop at the intersection,” she said.
“A decision was made by him to run that light regardless of what was happening at that intersection at that time.”
Graham Lange, for Morrison, urged the court not to downplay his client’s genuine remorse and contrition.
He asked it to be aware of cultural issues when considering how Morrison had expressed that remorse and reminded it of his early guilty plea.
“There is no way to downplay, and no one has ever sought to excuse, this terrible event and terrible crime,” he said.
“Morrison says he was making terrible decisions at that time, but could not put the brakes on that.”
Mr Lange said Morrison should receive full credit for his plea, noting state law still required he serve four-fifths of any sentence in jail before release.
“Certainly the results were callous, and the driving was mindless, but there was no intention to kill,” he said.
“There was no premeditation to deprive this family of this very important person in their lives.”
Counsel for the youth conceded their client should be sentenced as an adult given “the gravity of the offending”.
He will be among the first teenagers to be sentenced under revised laws granting judge’s power to put aside considerations of care, correction and guidance and instead impose adult-length penalties on young offenders.
However, his counsel also asked he receive a lower-than-usual non-parole period.
They said that was warranted by his guilty plea and his cognitive function issues, which meant he was “greatly influenced by others” and “strongly led by peer pressure”.
Judge Liesl Chapman remanded Morrison and the youth in custody for sentencing next month.