Jessica May Goulding has had her three-year jail term reduced on appeal
Jessica May Goulding struck the popular 15 year old with her car, but drove off and left the seriously injured Nilly dying on a dark street.
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The driver who left 15-year-old Nilly Mooney injured and dying on a Beaconsfield street has had her jail term slashed.
Jessica May Goulding was, in October 2020, sentenced to three years imprisonment to serve 12 months, with a release date of August 13, 2021.
However following an appearance in Mackay District Court, Judge Paul Smith reduced the term by eight months fixing Goulding's new release date as May 25 this year.
In his findings, Judge Smith reiterated the harrowing details of the fatal incident.
Goulding had been travelling on Nicklin Drive about 3am on March 1, 2020, when she struck Nilly as the teen was searching for her phone.
Goulding pulled over but was hysterical and soon drove off, claiming her passenger Aaron Regling had told to leave. He and another driver stayed and spoke to emergency services.
A police investigation revealed no indication of braking prior to the impact or that Nilly had been standing at the time.
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Goulding handed herself into police about 12 hours later at 3.30pm where, in an interview, she said she had been at the Austral Hotel but claimed she was not drinking.
"She claimed that when she was driving down Nicklin Drive she saw a white dog and swerved to the right to avoid hitting the dog and when she did this she said someone was lying in the middle road," Judge Smith said.
"She said by the time she saw this person she had already hit them and didn't have time to react."
She believed she had been travelling about 40-50kmh at the time.
"She pulled over, got out of the car and there was blood everywhere," Judge Smith said.
"She immediately started screaming and panicking. She said that Regling told her it would be okay and she should get in the vehicle and leave and he would stay.
"She was panicked and scared, did not know what to do and drove around the Mt Pleasant area before heading out to Mt Ossa.
"She stayed there before going back to another address and then handed herself to the police."
Goulding told police there were no issues with her brakes and her headlights worked but were not bright.
"She said she didn't apply the brakes because she didn't have any time," Judge Smith said.
"She said she knew she should have stayed at the scene but panicked and didn't know what to do."
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Last year Goulding, then 30, pleaded guilty to 43 charges including failing to remain at the scene and render assistance after striking Nilly.
She was jailed for two years for the driving charge and 12 months cumulative for a drug matter. Goulding has appealed the penalty on the grounds it was manifestly excessive.
In a victim impact statement Nilly's mother Tania Rudall said her daughter "was very optimistic about her future and had just been selected in the representative football team and 2020 she said was going to be her year".
It was noted Goulding had pleaded guilty to numerous offences, many of them which occurred while she was on bail and all of them breached a probation order.
"It was submitted that this was the most serious kind of offending as she failed to remain at the scene to provide any assistance and it resulted in the death of a young woman," Judge Smith said.
"The defence lawyer accepted the prosecution facts and pointed out that with respect to the fail to remain charge she wasn't as criminally culpable as she would be for dangerous operation.
"As a result of the incident she received treatment from a psychologist and had some symptoms of post-traumatic stress disorder."
It was submitted the court should have regard to the fact the reason for the offending was because Goulding panicked.
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"It was stressed that this was not charged as callous disregard," Judge Smith said.
Judge Smith found there were serious aspects to the failing to remain at the scene charge including that she deliberately drove away leaving a seriously injured teen on the road who later died at the scene.
"This tends to indicate a lack of remorse," Judge Smith said.
"She did not hand herself in for 12 hours.
"While it cannot be determined she was affected by drugs or alcohol this meant the police were deprived of a means of checking this."
Judge Smith also found there was no evidence to suggest Goulding knew the two people who remained at the scene had called emergency services.
Judge Smith determined the two year term for the failing to remain at the scene was not excessive, but found the 12 months for a drug charge was because there was no analyst certificate to confirm Goulding had been in possession of ice.
Judge Smith found it was an error for the magistrate to proceed on the basis the white powder Goulding was caught with was ice.
He reduced the 12-month term to four months, which will still be served cumulative to the two years for the driving matter.
She will be released on parole on May 25 this year.
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Originally published as Jessica May Goulding has had her three-year jail term reduced on appeal
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