Declan Pearce jailed after 9-year-old Talesha Kinnane killed in horrific Rankin Park crash
She was described as a “caring” young girl who loved making mud pies. But nine-year-old Talesha Kinnane’s life was cut short when she was killed in a horror crash at Newcastle last year. Now the speeding driver has been jailed.
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Bright. Bubbly. Wild spirited.
Nine-year-old Talesha Kinnane was a “caring” daughter who loved making mud pies and doing dress-ups.
Tragically her young life was cut short when she was killed in a car crash at Rankin Park in August last year.
Her devastated mother Kirsty Wilson — who was also a passenger in the car and suffered a fractured back and ribs — bravely read out a victim impact statement in court fighting back tears as she said she will never get to see her daughter grow into a beautiful lady.
“She was always the person to brighten up your day,” she said.
“The house is now quiet my little girl isn’t here.
“Because of the choices on this day, I have been robbed to raise her to an adult.”
The driver was Ms Wilson’s partner at the time, Declan Mitchell Pearce, who was speeding and crossed over onto the wrong side of the road on McCaffrey Dr on August 13, before smashing the vehicle into a power pole.
He was also found to have cannabis in his system.
He pleaded guilty to dangerous driving occasioning death, dangerous driving grievous bodily harm and driving with illicit drug present.
The court heard Pearce - now aged 26 - was “frustrated” when the three of them had left the John Hunter Hospital that day because of a lengthy visit.
It sparked an argument between Ms Wilson and Pearce before his driving became “aggressive” and despite crossing over to the other side of the road where another car had to take “evasive action”, he continued to drive dangerously.
In Newcastle District Court on Wednesday, Pearces’ defence cited the offence was “spontaneous” and his aggressive driving arose from nothing other than a “petty” and “stupid” argument.
“This was an argument that didn’t have to happen, but it did, and is a stark example how a minor matter, a minor argument within a vehicle could have such tragic consequences for all parties,” he said.
“His remorse is nothing short of palpable.”
But Crown prosecutor Jillian Kelton said while the cannabis in his system may not have been enough to impair his driving, just the taking of illegal drugs was an aggravated factor.
“People who take illegal drugs should be deterred from getting behind the wheel of the car, you should not mix these two actions,” she said.
She argued that a combination of factors could have seen the crash avoided.
“It’s a bigger picture, he was driving tired and he was irritable,” Ms Kelton said.
“The offenders car has crossed to the other side of road, another car had to take action, that was the warning, the alarm bell to take action and he continued to drive in an aggressive manner. It’s part of the matrix.”
Judge Tim Gartelmann said Ms Wilson would no doubt continue to suffer because of the offence.
“It occurred when the offender was carrying two passengers and was responsible for their safety,” Judge Gartelmann said.
“The fact he accelerated into the corner demonstrates abandonment of responsibility.
“The harm to the victims must be recognised, the offender must be adequately punished.”
Pearce who had the support of both his parents in court was sentenced to three years jail with a non-parole period of two years.
He was also disqualified from driving for three years from the date of the offence.
Outside court Ms Wilson dressed in a team Talesha T-shirt fronted awaiting media.
Although relieved it was finally over, she was still coming to terms with what had happened more than a year ago.
“Everyday we notice she isn’t there, I can’t emotionally deal with it, it’s just too much,” she said.
“I don’t want to accept the fact that I’m not going to see or hear her again.”