Killer driver Marguerita Elizabeth was ‘very significantly impaired’ by cannabis, court hears
An elderly woman who killed her partner in a crash was trying to address his nausea – but was also “significantly impaired” by cannabis, a court has heard.
Police & Courts
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An elderly woman who smoked up to 12 bongs a day was “very significantly impaired” by cannabis when she crashed into a tree while driving her unwell partner – who later died – to a medical appointment.
Marguerita Elizabeth, 70, of St Marys claims she was reaching for an ice cream container for her nauseous partner when she drove a Toyota 4WD into a tree near the intersection of South Tce and High St, Strathalbyn.
Her partner had removed his seatbelt and suffered significant blunt chest trauma in the June 17, 2021, crash.
Elizabeth appeared in the District Court on Tuesday to hear sentencing submissions after earlier pleading guilty to an aggravated charge of causing death by dangerous driving.
Tim Clarke, for Elizabeth, told the court his client was driving her “life partner”, Paul, from Milang to an appointment at Flinders Medical Centre for an appointment at the time of the crash.
He said Elizabeth was reaching for an ice cream container to pass to Paul, causing the crash, an explanation prosecutors said was not initially provided to Major Crash investigators.
“My client was seeking to assist the deceased and the chain of events, regrettably led to his death and my client is accepting of her role in that,” he said.
He said Paul may have survived the crash if he had not undone his seatbelt.
Mr Clarke said the crash was a result of “more than just drugs” and Elizabeth had an excellent prior driving record.
He said the case was “very unusual” and had “dramatic and sad consequences” and Elizabeth was still grieving the loss of her partner. He said she no longer used cannabis and urged the court to consider imposing either a suspended or home detention sentence.
The court heard Elizabeth suffers post-traumatic amnesia and spent a week in hospital after the crash. She will likely never drive again.
Prosecutor Leah O’Donnell said Elizabeth’s explanation for the crash was “not supported” and was not proffered to Major Crash investigators at the time. However she said it “was not impossible”.
“There is no doubt that the deceased was an unwell man … it may be that she was partially distracted at the time of the collision by reaching for that ice cream container,” she said.
“But the dangerousness, on our submission, is the fact that she was significantly impaired by cannabis.”
She said Elizabeth had told investigators she had last “had a couple of puffs” of cannabis five days before the crash and had tried to explain her elevated levels on passive smoking.
However she said a report indicated Elizabeth was an “extremely heavy” user of cannabis, smoking “up to 12 bongs a day”.
“It is more consistent with her actual levels of cannabis (at the time of the crash),” she said.
“It is extremely consistent with her being very significantly impacted by that drug.”
She said Elizabeth had been convicted of cultivating cannabis but had an otherwise unblemished criminal history.
She said the offence was too serious for a suspended sentence or for any term of imprisonment to be served on home detention.
Judge Ian Press ordered a home detention suitability report. He will sentence Elizabeth next month.
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