Elizabeth Meg Krainz faces court charged with causing motorcyclist’s death by careless use of vehicle
A law designed to close the gap in fatal road crash cases is set to be tested in court for the first time, but the accused driver already wants to barter with prosecutors.
Police & Courts
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A woman accused of killing a motorcyclist in a crash has faced court under laws created in the wake of the death of teenage road victim Sophia Naismith.
However, lawyers for Elizabeth Meg Krainz have already flagged their intent to broker a plea bargain for a lesser charge, insisting the incident is “just an unfortunate accident”.
Ms Krainz, 26, of Clovelly Park, is understood to be the first person ever charged, by SA Police, with the new aggravated offence of causing death by careless use of a motor vehicle.
She is further charged with failing in her duties to hold a licence of learner’s permit.
Police allege she was behind the wheel of a Honda CRV that collided with a Kawasaki motorcycle at the intersection of Main South Road and Malpas Road, Aldinga, in May.
The motorcyclist, 21, of Aldinga Beach, was rushed to hospital but died two days later as a result of his injuries – Ms Krainz was given police bail.
At the time of her arrest, SA Police said Ms Krainz would be charged with causing death by dangerous driving.
The aggravated charge of causing death by careless use of a motor vehicle is a lesser offence that came into force on January 1 as a result of public outcry following Sophia’s case.
Sophia, 15, was struck and killed by a $330,000 Lamborghini Huracan – with the registration plate “PSYKO” – on Morphett Rd, Glengowrie, in June 2019.
The Huracan’s driver, Alexander Damian Campbell, was acquitted of causing Sophia’s death by dangerous driving and given a suspended four-month sentence for careless driving.
Sophia’s family called for change, as did the families of other road crash victims.
They pointed out there was a 93 per cent difference between causing death by dangerous driving’s 15-year sentence, and aggravated driving without due care’s 12-month sentence.
In July 2023, new laws passed state parliament with bipartisan support, creating the mid-range “careless use” offence with a seven-year sentence.
On Wednesday, Ms Krainz made her first Adelaide Magistrates Court appearance since the incident.
Police asked the case be adjourned for seven months, saying they were still waiting for a toxicology report arising from the crash.
Andrew Moffa, for Ms Krainz, said that delay “was just too long” and flagged his intent to seek a plea bargain.
“My client is a young lady, she’s 27, and she’s highly distressed in respect to this matter,” he said.
“I’ve had the opportunity to read the facts of charge, and this matter has all the hallmarks of a resolution (being reached).”
He said police already had statements from eight witnesses to the incident, which occurred in an 80km/h zone.
“This (case) is my client driving her vehicle from a side road across another road, turning right, and the victim is the rider of a motorcycle,” he said.
“He has impacted into the side of my client’s vehicle … there are no pre-impact skid marks, so there’s no expert evidence in respect of reconstruction.
“All of their information, the police have already got … we would like to get those statements as soon as possible, we would like to negotiate our position.
“This is an unfortunate accident … seven months is too long.”
Magistrate Oliver Koehn said he would “compromise”, and remanded Ms Krainz on continuing bail until January.
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