Sophia’s Law: Crackdown on hoon drivers expected to pass SA parliament after horror Adelaide 2019 crash

Laws introducing new penalties for killer drivers and boaties have passed SA’s parliament with bipartisan support.

Road fatal victim Sophia Naismith (on right) with her parents and sisters. Supplied by family

The family of killed Adelaide teenager Sophia Naismith say harsh new laws will hold careless drivers and boaties who kill or cause serious harm to innocent victims accountable, in the wake of her needless death.

In what has been dubbed “Sophia’s Law”, landmark driving and boating legislation passed state parliament on Thursday at 5.10pm, more than four years since a crash that killed her in Adelaide’s inner south.

Sophia Naismith was a high-achieving student. Picture: Supplied by family

She was also a talented student. Picture: Supplied by family

The reforms, which Sophia’s family championed and became law with bipartisan support, contain a specific “careless” driving homicide criminal offence for the first time.

Road fatal victim Sophia Naismith (right) with her sisters Saskia and Ursula. Picture: Supplied by family

Road fatal victim Sophia Naismith (bottom) with her siblings. Picture: supplied by family

After public outrage over the crash, legal changes will now bridge a gap with a “mid-tier” law between careless and dangerous driving offences, which Sophia’s needless death highlighted.

Accused drivers will also have licences immediately suspended.

The laws, which Attorney-General Kyam Maher introduced, will come into force within months after work from a cross-government group and formal sign off at Executive Council.

Sophia’s parents, Pia and Luke, welcomed the new laws as they attended parliament with daughters Saskia, 17 and Ursula, 15.

15-year-old Sophia Naismith’s parents Pia Vogrin and Luke Naismith, with their two daughters (Saskia left with scarf and Ursula blue top) supported by family and friends at Old Parliament House, on the day the laws will pass parliament. Picture: NCA NewsWire / Emma Brasier

“This legislation has been fought for by many grieving families before ours. And it was this government that decided that enough is enough,” said Mr Naismith on behalf of this family.

“The reforms won’t bring Sophia back, but it will make drivers more accountable for their anti-social behaviour and reduce some of the trauma for families navigating the legal system.

“Everyone has the right to get home safe every day without exception.“

Mum, Pia, her daughters Saskia and Ursula and father Luke Naismith pictured at Brighton Secondary School on the specially built bench in honour of Sophia. Picture: Tricia Watkinson

Car enthusiast Alexander Damian Campbell, 38, escaped immediate jail last year over the crash in which he drove his $330,000 white Lamborghini Huracan – with personalised plate “PSYKO” – off the road on June 22, 2019.

He had his sentence of four months and 27 days in prison suspended after admitting driving without due care.

Campbell, of Elizabeth North, was acquitted of cause death by dangerous driving.

Family and friends of Sophia Naismith are seen outside the Adelaide District Court. Alexander Campbell was driving the car the killed Sophia. NCA NewsWire / David Mariuz

He was ordered to perform 200 hours of community service, while his driver’s licence was suspended for almost 4½ years. The suspension lifts in October.

Sophia, and best friend Jordyn Callea, both 15, were hit as the luxury car slid sideways off Morphett Rd, Glengowrie, as they walked on a footpath just before 10pm.

Sophia, a talented student and sportsgirl who had two younger sister, died instantly at the scene while Jordyn, now 19, was seriously injured.

Alexander Campbell, centre, who killed teenager Sophia Naismith with his Lamborghini in 2019, pictured at district court after the sentence was handed down. Picture: NCA NewsWire / Naomi Jellicoe

Convicted offenders will now face a maximum five years’ jail and one-year licence ban, under the new laws, which senior police supported.

The penalty increases by two years for an aggravated offence if an offender is knowingly disqualified from the road, drink and drug-drives, knew their car had a “material defect” or disabled an “automated intervention system”.

If a car or vessel is not involved, a maximum penalty is three years’ jail, for example to a bicycle rider.

The Lamborghini which lost control, came to a stop in the House Of Tien restaurant. Picture: Supplied

A defence is offered to emergency workers, those acting on employer authority and who believe they were acting reasonably.

Major Crash police will decide charges.

The Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023, based on work from the cross-government group and industry officials, also includes a new elite sports car licence and immediate driving bans for a charged driver.

Drivers face a maximum $5000 fine for disabling of traction control in high-powered vehicles. A defence is available to those who did not cause or contribute to its disabling, did not know it was disabled or their car was dangerous with it off.

Mr Maher said Sophia’s “tragic death highlighted serious problems with our current laws”.

“These new laws send a very, very strong signal to people who will be engaged in this sort of behaviour of cars,” he said.

“Far too many South Australian families have been impacted by these tragedies.”

He said police and the department of transport and infrastructure will now work on the final details so the legislation can be enforced in the coming months.

“There’s a working group … working on the final details like the licensing scheme, which needs to be up and running as it interacts with the new mid-tier offence,” he said.

Opposition Leader David Speirs, said that as the Naismith family’s local MP “I am pleased to see these important legal changes reach this next step”.

“There has clearly been a need for reform,” he said.

“I hope these new laws bring Sophia’s family some comfort that others won’t have to endure the same heartbreaking circumstances they have.”