Alexander Campbell’s sentence after Sophia Naismith death out of step with community, victim’s advocate says

The outrage over the sentence for the man whose car killed Sophia Naismith is familiar to SA’s victim’s advocate. But his lawyer says he’s copped a tough penalty.

The sentencing of a driver whose luxury supercar killed an Adelaide teenager and injured her best friend conflicts with community expectations, the state’s victims tsar says.

Victims’ Rights Commissioner Bronwyn Killmier has also thrown her support behind a “mid-tier” new driving offence in the wake of Sophia Naismith’s needless death.

Hailing the Naismith family’s courage in their public pursuit for legal changes, Ms Killmier said the penalties the District Court gave in the case “is an issue that has been frequently raised”.

She has urged Attorney-General Kyam Maher to act on “many complaints from victims” about confusing driving laws.

Sophia Naismith was killed when an out of control Lamborghini crashed off the road in June 2019.

The state government has vowed to overhaul the state’s driving laws in the wake of public outrage at the crash.

Alexander Campbell, 37, escaped immediate jail over the crash as he drove his $330,000 white Lamborghini Huracan when it crashed off the road on June 22, 2019.

On Thursday, he was sentenced to four months and 27 days in prison but had the sentence wholly suspended after admitting driving without due care. He had been acquitted of the more serious offence of death by dangerous driving.

He was also ordered to perform 200 hours of community service and his driver’s licence was suspended for a total period of four years and four months.

Alexander Campbell's Lamborghini had the personalised number plate “PSYKO”.

That licence suspension will expire in a year.

Sophia, 15, and her best friend Jordyn Callea, now 18, were both hit as the luxury car slid sideways off Morphett Road, Glengowrie, and onto the footpath where they were innocently walking just before 10pm on June 22, 2019.

Sophia died at the scene while Jordyn was left seriously injured and bearing lifelong psychological scars.

Stressing she had no criticism of the judge, Ms Killmier said she did not believe that sentence “reflects community expectations”.

“The penalties for cause death are already among the most severe in the country,” she said.

“The disqualification period is longer than most other jurisdictions. However, penalties given do not reflect this.

“This is no criticism of the judiciary who have to work within the legislation and precedent but it is clear that proving dangerous driving is complicated and difficult.

“While there needs to be proper protection for those charged, this needs to be balanced against community expectations.”

She added: “If the law is not doing what was intended by parliament, then the legislation should be examined, with input from all agencies and stakeholders - including victims - on how it could be practically applied to recognise community expectations while ensuring the rights of all are protected.

“Every car is a dangerous weapon if it isn’t driven properly – most of the crashes where people come to me for help involve cars that you and I drive every day so the mid point offence would cover legislation relating to all driving and all types of vehicles.”

She added: “I envisage that this would be a difficult legislative challenge.

“But it is worth doing - nothing will bring back the victim or heal the hurt for those left behind.

“It is heart breaking for the families. I feel for them all. Most victims just don’t want this to happen to anyone else.”

Alexander Campbell leaves the District Court in Adelaide during his trial. Picture: Brenton Edwards

Craig Caldicott, who defended Campbell throughout the case, said he had approached the prosecution in 2019 with an offer for his client to plead guilty to aggravated driving without due care.

The offer was not accepted and the matter continued onto trial.

Mr Caldicott said the penalty handed to Campbell was significant in comparison to other sentences for aggravated driving without due care.

“The licence disqualification is certainly one of the longest I have ever seen for this charge,” he said.

Mystery surrounds what will happen to the luxury sports car once the appeal period expired in three weeks.

The car has been in the possession of police as an integral part of the trial since the crash. However, at the end of the appeal period the car is likely to be released by police.

Mr Caldicott said it was likely the car would go to Campbell’s insurer as they work out any civil proceedings. It is unclear whether the DPP would have the power to seize the car under any legislation.

Mr Maher is away on leave but a government spokewoman said authorities were committed to changes.

She said this included a new licencing scheme for elite sports cars, toughening bail driving laws, banning the disabling of traction control in high-powered vehicles, and exploring a mid tier “reckless homicide” offence.

“A working group is well advanced in progressing these reforms, with legislation to be introduced by the end of the year,” she said.