SA District Court judge tells Rocchina Rossi she will not be jailed over meth-fuelled 2021 crash that killed her son Daimon, 9

This little boy’s mother was on meth when she caused his death in a road crash. Today, a judge told her not to worry – because she is not going to jail.

A mother whose drug-affected, dangerous driving caused the death of her son in a school holiday rollover has been told, by a judge, she is not going to jail.

On Friday, the District Court was told prosecutors agree Rocchina Rossi’s prison term could be suspended given the “profound, lifelong grief” of having killed her only biological child.

Rossi’s lawyer, meanwhile, said no penalty the court could impose “would be a greater deterrent” than the tragedy with which she must live “for the rest of her life”.

Judge Joana Fuller told Rossi she would not impose penalty immediately, adding: “I want you to know you will not be sentenced to jail.”

“Whatever happens, and it’s likely to be a prison sentence, I will be suspending it … you do not need to worry what will happen on the next occasion,” she said.

Rossi, 49, of Glenelg, pleaded guilty to aggravated charges of causing death and harm by dangerous driving.

The offences carry a maximum life sentence, with a minimum 10-year licence disqualification.

Rossi’s pleas arose from an incident at Pygery, on the Eyre Peninsula, in July 2021 that claimed the life of her son Daimon John Rossi-Andrew, 9, and injured her stepson, 16.

She and her other adult passenger, a 47-year-old man from Findon, sustained minor injuries in the incident, which occurred when their Toyota RAV4 rolled over.

Following the crash, family members paid tribute to Daimon as “a beautiful, funny, cheeky and loving little boy whose infectious smile will live with us forever”.

In sentencing submissions on Friday, a prosecutor told Judge Fuller she had “no victim impact statements” to tender.

“The circumstances of this matter are nothing short of tragic … the deceased is the defendant’s only biological child,” she said.

“The charge is based on the gross failure, by Rossi, to maintain control of the vehicle as a result of her decision to drive while affected by methylamphetamine intoxication.”

Daimon Rossi-Andrew, 9, died as a result of the crash. Picture: 7NEWS

She said Rossi had failed to navigate a “sweeping bend” in the road, and the vehicle travelled onto the gravel verge and “down a rock embankment”.

Daimon, who was not wearing a seatbelt at the time, was ejected from the vehicle and subsequently died from cerebral trauma.

“Rossi’s decision to get behind the wheel, having consumed methylamphetamine, and caused a (fatal) crash is a serious example of this offence,” she said.

She said a term of imprisonment “must be imposed” but conceded there were grounds to suspend that sentence.

“Given the tragic circumstances – which will see the defendant bearing profound, lifelong grief – we accept that this is offending at the lower end of the scale,” she said.

Stephen Ey, for Rossi, said his client had undertaken counselling and ceased using methylamphetamine since the crash, which occurred in “severe” weather conditions.

“Your Honour heard there are no victim impact statements to be tendered,” he said.

“That supports my submission that her family supports her, and are also supportive of there being a suspended term of imprisonment in the circumstances.”

He said the consequences of the crash had been “catastrophic” for all involved.

“Your Honour can feel well confident she will not reoffend … she has to live with this tragic, tragic circumstance for the rest of her life,” he said.

“That will be a greater deterrent to her than anything Your Honour can impose.”

Judge Fuller remanded Rossi on continuing bail for sentencing next month.