Davida Erica Toi sentenced in Bundaberg District Court after fatal crash on Isis Highway

Harrowing footage of the moment a driver, high on a cocktail of drugs, fell asleep and crashed, causing the death of her partner, has been played in court.

Davida Erica Toi wept as disturbing footage of the crash, which claimed her partner’s life, was played in Bundaberg District Court.

The 46-year-old New Zealand national had never held an open licence and had a cocktail of drugs in her system on the day of the horrific smash.

On April 15, 2020, Toi, her partner and their friend, had been making their way home to Gladstone from Brisbane when an argument broke out between the couple.

The court heard that while Toi’s partner had been the one behind the wheel for most of the trip, he told her to drive after the argument and he laid down on the back seat, without a seatbelt on, and slept.

Toi’s Learner driver permit had been suspended at the time.

About 9.40am, the car was travelling along the Isis Highway at Pine Creek when a driver behind them noticed erratic behaviour, including random slowing down and accelerating, and that there had been a CD and phone being passed between Toi and her friend, who was in the passenger seat.

Video captured by the following car’s dash camera was played in the court by Crown Prosecutor Carla Ahern.

In it, Toi can be seen veering onto the wrong side of the road, hitting a guard rail and going down a culvert, the white car “air-nosing” and rolling before landing on its roof.

Judge Nathan Jarro said it was “quite clear that your partner was declared dead at the scene”.

The court heard Toi had lied to police at the scene and claimed the couple’s friend had been the driver, but later said she had been behind the wheel and had fallen asleep.

A blood test revealed Toi had a mixture of drugs in her system which included methamphetamine and amphetamine “among other things”, and she was found to have a clip-seal bag of cocaine in her bra at the time of the crash.

The mother’s traffic history was described as “serious” and since the age of 40 she had amassed a criminal history of both drug and driving offences.

A photo of emergency services at the scene of the fatal crash on the Isis Highway.

Defence barrister Simone Bain said her client had penned a letter of apology expressing “genuine remorse and insight” to the victim’s family, although the family had refused to accept or read it.

Instead, a victim impact statement was handed to the court in which the 42-year-old victim’s brother spoke of the grief suffered in the wake of the crash.

Ms Bain said her client had dreams of working in hospitality and starting a new life in New Zealand upon her return.

The court heard Bain had entered an early plea of guilty and shown remorse for her actions.

Toi had completed parole for prior offences just nine days before the crash.

Judge Jarro labelled the decision to drive as “grossly foolish”.

“Not only did it lead to the tragedy of the deceased being killed, but it has also had immeasurable grief and suffering for his family and his friends,” Judge Jarro told the court.

“The tragic circumstances of his death is a burden his family will continue to suffer for the rest of their lives. It’s hard to think of anything worse than receiving a phone call or have police attend your house to inform you that a loved one will not will not be coming home because they’ve been killed in a motor vehicle accident.”

Toi pleaded guilty to one count of dangerous operation of a motor vehicle causing death while affected by an intoxicating substance, as well as seven summary charges which were driving without a licence, two counts of possessing a dangerous drug, two counts of stealing, one count of breaking bail conditions and one count of failing to appear.

Judge Jarro sentenced Toi to five years’ jail for the charge of dangerous operation causing death, to be suspended after 20 months with an operational period of five years and 395 days of pre-sentence custody declared.

For the summary charges, Toi was convicted but not further punished.

Toi was disqualified from driving for 18 months and will be deported to New Zealand upon completion of her sentence.