Jaycob Gemza pleaded guilty to fail to stop and assist but will go to trial on dangerous, negligent driving charges

A court has heard a young driver “simply panicked” when he hit and killed a 14-year-old boy before leaving the scene. He even returned a minute later, left again, before searching for information about the crash online.

Jaycob Gemza pleaded guilty to a fail to stop and assist charge causing death in Newcastle Local Court on Wednesday. Supplied Amy Ziniak

A court has heard a young driver who killed a 14-year-old boy riding his scooter in a hit and run instantly “panicked” and left the scene, only to return more than a minute later before leaving again.

Despite a bid to have him put behind bars, Jaycob Issac Gemza walked free after he admitted to being responsible for the hit and run death of teen Bryson Dimovski.

In Newcastle Local Court on Wednesday, there was a packed courtroom as the 22-year-old pleaded guilty to a charge of failing to stop and assist causing death after he slammed his vehicle into the Cardiff teen who was riding his electric scooter on Macquarie Road at Warners Bay on July 28 last year.

But Gemza will fight the remaining two charges after he pleaded not guilty to dangerous driving occasioning death and negligent driving occasioning death.

Following his guilty plea, the Director of Public Prosecutions (DPP) pressed a detention application for him to be taken into custody citing full time imprisonment was likely “inevitable”.

Jaycob Issac Gemza at Newcastle Local Court. He has pleaded guilty to a fail to stop charge causing death after a 14-year-old boy riding his scooter was killed in a hit and run on July 28th, 2023 at Warners Bay. Pic: Amy Ziniak

Mr Dixon said Gemza returned to the scene 60 to 90 seconds following the collision, observed there was a scooter on the ground and then left again.

He told the court he would have “sensibly” known someone was injured or deceased but yet he chose to leave the scene for a second time.

Mr Dixon also said due to Gemza’s actions that day and his delay in reporting it to police, which was some hours later, he hampered their investigation because he couldn’t be tested for anything in his system.

The court also heard Gemza had made internet searches about the collision within an hour of the crash and knew about a missing person Facebook post when the boy didn’t arrive home, showing he must have known about the seriousness of the crash.

But Gemza’s solicitor Rylie Hahn said despite his plea, her client did stop for around a minute and a half, put his phone torch on in the dark and did see a scooter, but there was no evidence he “locked his eyes” on the deceased.

Ms Hahn told the court Gemza didn’t see the teen because he ended up down an embankment, before some hours later calling police to report the collision.

She said it was no excuse that he didn’t immediately call triple-0 but rather that he made a mistake and “simply panicked”.

“He is also a young man himself and he panicked in those circumstances,” she told the court.

The court also heard Gemza had no prior criminal history, had not occupied a driver’s seat since the collision and would be a vulnerable person in a custodial setting, with the wait for a trial quite lengthy.

Magistrate Janine Lacy said she recognised it was a serious example of failing to stop and assist, but said it wasn’t “inevitable” that he would serve full-time imprisonment.

She refused the application and Gemza will head to the District Court in August to be arraigned.