Driver Joan Ellen Smith sentenced after death of Calvin Wijeweera

An elderly woman who struck a schoolboy in Sydney when he was walking near a shopping centre has issued an apology to the distraught family and pleaded guilty following the fatality.

An elderly woman who struck schoolboy Calvin Wijeweera in northwest Sydney when he was walking near a shopping centre has issued an apology to the distraught family and was given a good behaviour bond following the fatality.

At Burwood Court on Monday, 92-year-old Joan Ellen Smith pleaded guilty to negligent driving (occasioning death) following Calvin’s death on December 1, 2022.

A charge of negligent driving (no death or grievous bodily harm) was withdrawn.

The 17-year-old Carlingford High School student had completed an exam and was walking along Rembrandt St with four friends on his way to Carlingford Court shopping centre about 11.15am when Smith’s Mitsubishi Lancer sedan ploughed into the aspiring aeronautical engineer.

He catapulted into a Toyota HiAce parked in a driveway which a mobile mechanic was using.

Calvin Wijeweera was 17 when he was killed walking near a shopping centre.

The impact caused Calvin to hit Smith’s car then be pushed under the parked van, which lifted before landing on the teen’s chest and crushing him.

Emergency services rendered assistance but Calvin died at the scene. His 17-year-old friend survived after he suffered a head injury.

Smith was charged in March. At court on Monday, she rose and addressed Calvin’s parents Sandun and Anoma Wijeweera who wept as she looked at them and expressed her remorse.

“I’d like to say to the family of the boy I’m so sorry,’’ she said.

“I live with this every day and I’ll never forget it. There’s nothing else I can say.’’

Smith, a mother of two and grandmother of five, was supported in court by one of her daughters and a grandson.

The court heard the pensioner had exited Carlingford Court shopping centre that morning and believed she was hitting the brake pedal when she turned left into Rembrandt St but instead had used the accelerator.

Joan Ellen Smith outside Burwood Court after she pleaded guilty following Calvin Wijeweera’s death on December 1 2022.

The court heard she initially pleaded not guilty because she believed there could have been a fault but a police mechanical examination determined there was no defect or component failure which could have contributed to the collision.

Smith entered the plea of guilt on Monday when the hearing was due to begin.

Her barrister John Galluzzo told the court his client was on an unrestricted licence since 1966 and had only received one fine in 2008 for driving in a T-way lane.

Her car was regularly serviced every six months and was checked two months before Calvin was killed. She also had medical tests and was due to have another one in January 2023.

She immediately surrendered her licence after the crime which the court heard was a “momentary lapse and an error” that led to a tragedy.

She never plans to drive again.

Joan Smith was leaving the shopping centre when she turned and used the accelerator instead of the brakes.

She spent two weeks in hospital for a leg injury and another four weeks in rehabilitation.

“It seems that the defendant just couldn’t get her head around the fact that she put her foot on the accelerator rather than the brake when she was leaving the shopping centre,’’ Magistrate Christopher Halburd said.

“These types of matters are some of the saddest matters we have to deal with in court. A child has died, something his family has to live with for the rest of their life, and he’s been deprived of the opportunity to live his life.’’

Calvin Wijeweera’s parents Sandun and Anoma speak after the sentencing.

He told the court Smith held one “one of the best driving records I’ve seen”.

“Up until this day she’s been a very careful driver, an exemplary driver.

“To send someone to jail in those circumstances in my view would be entirely inappropriate.’’

She was given a 12-month community correction order (good behaviour bond) and was disqualified for driving for three years.

After court Mr and Mrs Wijeweera said they forgave Smith but she should not have been driving at her age.

“It’s a tragedy for my whole family,’’ Mrs Wijeweera said.

“Until we die we have a loss. If he was here he would be going to uni. He was a very good student. When he was home he was a very good boy for me. He was a very innocent boy.

Mr Wijeweera said he felt no anger towards her but did not want her to drive.