Lachlan Finlay Carr jailed for causing fatal head-on crash which killed Kristine Anderson, 64

The driver responsible for a crash that killed an adored Rockhampton mother had his fiancee tell police she was driving at the time, as he had been told six times by doctors he could not drive.

TRAFFIC INCIDENT: A crash at the intersection of Yaamba Rd and Yeppoon Rd has forced traffic to be diverted through the Parkhurst Industrial estate.

The driver responsible for a crash that killed an adored Rockhampton mother had his fiancee tell police she was driving at the time, as he had been told six times by medical professionals he could not drive, a court heard.

Lachlan Finlay Carr had sped up to get in front Parkhurst mother Kristine Anderson’s car before merging, clipping her vehicle and forcing it to collide head-on at high speed with another vehicle.

Tragically, the impact killed Ms Anderson, aged 64.

Carr, 27, had finished a 12-month good driving behaviour period, handed to him for speeding, days before the tragedy, and had been told by medical practitioners not to drive due to an epileptic seizure.

Carr pleaded guilty on October 26 in Rockhampton District Court to one count of dangerous operation of a motor vehicle causing the death of Ms Anderson.

The court heard his now-former fiance continued to lie to the police for him for 15 days, even after both were told of Ms Anderson’s death.

Crown prosecutor Tiffany Lawrence told the court she was not aware if the fiance was ever charged.

Ms Anderson’s mother and brother submitted victim impact statements, with the court hearing her brother was sadly the one who had to tell Ms Anderson’s children of her death.

Ms Lawrence said Carr and Ms Anderson were driving north and next to each other at the Yaamba and Yeppoon Road intersection on May 28, 2020, through a 60 km/hr zone due to roadworks.

She said the two lanes were to merge, with Ms Anderson having the right of way in her Hyundai Excel, however, Carr sped up his Hyundai Elantra to get in front of her, reaching speeds between 90 and 104.819 km/hr.

“Without sufficient room to do so, Carr then merged into her lane,” Ms Lawrence said.

“The rear of his car clipped the front of the deceased’s car, which caused her vehicle to shoot forward into the southbound lane of traffic into the path of a Ford Ranger.

“There was no way for the driver of the Ford Ranger to avoid hitting Ms Anderson’s car and that driver was uninjured.”

TRAFFIC INCIDENT: The fatal crash at the intersection of Yaamba Rd and Yeppoon Rd which killed Kristine Anderson forced traffic to be diverted through the Parkhurst Industrial estate.

She said the forensic pathologist opined Ms Anderson’s catastrophic injuries likely led to her immediate death.

Judge Jeff Clarke described Carr’s action as a “stupid and rash decision”.

“A reasonable person would have stopped at that point,” he said.

“You didn’t.

“You chose self-preservation and self-interest over basic decent consideration and concern for a fellow road user.”

Ms Lawrence said Carr drove off and pulled up at the nearby Parkhurst Tavern carpark, where he switched positions in the vehicle with his then-fiance.

She said the fiance called police later that night and told them she was the driver of the vehicle when the crash occurred and that they had pulled over in the car park because Carr had a seizure from the crash.

Ms Lawrence said the pair claimed Ms Anderson had failed to allow their car to merge.

She said the fiance and Carr kept up this lie, even after they were informed of Ms Anderson’s death, and until police provided the fiance with evidence she was not the driver, 15 days after the crash.

Ms Lawrence said Carr had driven from his place to his fiance’s place that day and they were driving to his mother’s house at the time of the crash and had been arguing and yelling during the trip.

Judge Clarke said the pair arrived at their destination about 7.20pm and had a conversation, concocting their story to say the fiance had been driving.

He said Carr described the impact of the crash to police, saying it “felt like an earthquake”.

Ms Lawrence said Carr had been on a 12-month good behaviour licence with a late-night restriction up until five days before the fatal crash on May 28, 2020.

Crown prosecutor Tiffany Lawrence (right) leaves court with a Director of Public Prosecutions employee.

This was due to three speeding tickets between February 2017 and May 2019.

Ms Lawrence said Carr had also been told by medical professionals not to drive due to his medical condition six times between October 2019 and the end of April 2020.

The court heard Carr had been diagnosed with epilepsy at age two having been hospitalised at times for having up to nine seizures a day, but stopped taking medication in 2013 as he had his medical issues under control.

However, Judge Jeff Clarke said evidence before the court showed Carr had an epilepsy episode, leading to a consultation in October 2019 with a neurologist, who told him he should not drive at all until he had not had an epileptic seizure for 12 months.

“You were further advised that a period of observation of two years was required before driving could be considered and that it would be unlawful to drive from that point on,” he said.

Judge Clarke said that two days later, Carr’s general practitioner confirmed he was prohibited from driving for 12 months and had to be seizure free for at least six months.

He said that doctor confirmed that again a week later, on October 11, and again on October 28 when Carr was seeking the doctor’s assistance to claim Centrelink funding.

Judge Clarke said the doctor provided a notice on March 24 – only two months before the crash – that Carr was unable to drive.

He said Carr told another neurologist, when he saw them in April 202o, about “zoning out” episodes consistent with dissociative states for non-epileptic seizures associated with stress and anxiety.

Defence barrister Sheridan Shaw said Carr has been diagnosed with anxiety, attention deficit hyperactivity disorder, depression, epilepsy and dissociative events during the crash investigation period.

She said he was admitted to hospital for self-harm after he and his fiance, whom he had been in a relationship with for three years, broke up two days before their wedding.

Ms Shaw said Carr had lived with his parents until he was 10 and then moved in with his grandparents at Yeppoon due to issues with his father.

She said his parents later separated.

Ms Shaw said Carr had worked almost consistently since finishing year 12, with a period of unemployment due to Covid.

She said he had worked as a baker’s assistant for three years, then in hospitality at Callaghan Park, Chango Chango, Scallywags and the Criterion Hotel in Rockhampton.

Ms Shaw provided a reference letter stating Carr would have a job at the Criterion upon his release from prison.

She said he was four subjects away from completing a hospitality management course at TAFE.

Ms Shaw said Carr’s driver’s licence was cancelled one year and eight months ago and he would need medical clearance for it to be reissued.

She said his mother, who he lived with and who was in court, along with friends, in support, drove him around.

Judge Clarke described Carr’s actions as “simply shameful conduct” and Carr had “performed an inherently dangerous manoeuvre in merging into the right-hand lane when it was unsafe to do so”.

“Perhaps the saddest and most striking or confronting aspect of this case is that it was completely and utterly avoidable,” he said.

“To your knowledge, you knew you were not fit to drive.

“The doctors had told you so.”

Judge Clarke sentenced Carr to four years prison, suspended after serving 12 months and operational for four years.

He also disqualified Carr absolutely from driving.