Dianne Jagla banned from roads for eight months for Yorke Peninsula crash that killed nephew

A DRIVER whose loss of control caused a head-on crash that killed her great-nephew, 11, has been given a suspended jail sentence and banned from the roads for eight months — upsetting the boy’s father.

Dianne Maree Jagla leaves District Court after sentencing.

• How Dianne Maree Jagla reacted outside the court.

A DRIVER whose loss of control caused a head-on crash that killed her great-nephew, 11, has been banned from the roads for eight months — upsetting the boy’s father.

On Thursday, the District Court suspended Dianne Maree Jagla’s four-month jail term on condition of a 12-month, $1000 good-behaviour bond.

Although Jagla was liable to a maximum three-year licence disqualification, Judge Gordon Barrett ruled there was good reason to limit her punishment to eight months.

“It is plain that the consequences of this accident are terrible,” he said.

“You have been devastated by your great-nephew’s death ever since the accident, and I reject any suggestion that you would not be.

“No sentence I can impose will bring back your great-nephew or ease the loss felt by his parents.

“It may be that, over time and through the Restorative Justice organisation, some greater peace can be achieved by everyone involved.”

Reece Brinckman, 11, died in a December 2014 car crash on the Yorke Peninsula. Picture: Supplied by Reece's father, Jason.

However, the sentence disappointed Jason Brinckman — father of Reece, who died in the crash — and his partner, Christy Kaplanis.

“We’re disgusted ... a child has died and she’s lost her licence for eight months,” Ms Kaplanis said.

Jagla, 58, pleaded guilty to an aggravated count of driving without due care.

She lost control of her vehicle on the Yorke Peninsula highway, 5km northeast of Port Clinton, in December 2014, moving off the road and back into oncoming traffic.

Reece died in a head-on collision with a van while Gail Cutting, who was seated but was unsecured in that vehicle, was permanently disabled.

Jagla has no memory of events leading up to the crash, but one of the surviving passengers in her vehicle has suggested she may have sneezed before losing control.

Reece's father Jason Brinckman, left rear, and his partner Christy Kaplanis, left, leave court with their supporters.

Last week, Jagla asked the court to impose the minimum penalty, saying she would lose her job with the Australian Bureau of Statistics if banned from the roads for more than 12 months.

On Thursday, Judge Barrett said he did not accept the sneeze “as fact” but acknowledged it was “the only explanation” available.

“It’s accepted that no amount of driver skill could have controlled the car ... your driving without due care consisted of over to the wrong side of the road,” he said.

After Jagla signed her good behaviour bond, a spectator in the public gallery yelled “bulls--t”.

Mr Brinckman declined to comment after the hearing, saying only he was “disgusted”.

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