Alleged killer driver Janine Lusher seeks plea bargain to avoid maximum 15-year jail term

Accused of killing a person in a crash, this driver wants to strike a plea bargain that would see her maximum sentence reduced by 93 per cent.

A driver accused of killing a person in a crash is seeking to strike a plea bargain, downgrade her charges and avoid a maximum 15-year jail term.

On Tuesday, counsel for Janine Lusher asked the Adelaide Magistrates Court to postpone their client’s arraignment on one count of causing death by dangerous driving.

Bill Morris, for Ms Lusher, said further time was needed before his client answered the charges.

“We are presently in the negotiation phase, that’s a way of describing this, so we are resisting her answering the charges at the moment,” he said.

“There are more inquiries to be made, and they are being made by the prosecution.

“We want to see whether the present charges could be reduced to a matter that could be dealt with here in the Magistrates Court.”

Janine Lusher outside the Adelaide Magistrates Court. Picture: NCA NewsWire / Naomi Jellicoe.

Under SA law, the only charge to which causing death by dangerous driving can be downgraded is an aggravated count of driving without due care.

Instead of facing a maximum 15-year prison term and mandatory minimum 10-year licence disqualification, offenders face 12 months’ jail and a six-month disqualification.

Ms Lusher, 62, has yet to plead to one count of causing death by dangerous driving.

Prosecutors have alleged she was behind the wheel of a Mazda SUV that collided with an MG sedan on Lower North East Road, Highbury, on December 8 last year.

The MG’s driver, 82, from Ashton, was taken to hospital but died as a result of injuries sustained.

Ms Lusher and her two passengers, boys aged 15 and 17, were treated for minor injuries.

On Tuesday, prosecutors agreed the matter was being negotiated and asked for time to complete their inquiries.

Magistrate Michelle Sutcliffe remanded Ms Lusher on continuing bail until March.

EDITOR’S NOTE:

This story originally reported Ms Lusher was charged with two counts of causing death by dangerous driving. That error was as a result of incorrect paperwork filed, by police prosecutors, with the Adelaide Magistrates Court.