Ida Di’Fuccio sentenced over Kangaroo Ground fatal car crash that killed woman

A Phillip Island grandmother closed her eyes momentarily due to the bright sun, killing a 28-year-old and seriously injuring her husband in a Kangaroo Ground crash.

A grandmother who squinted due to the glaring sun before veering into the path of an on-coming car and killing a nurse will not go to jail.

Ida Di’Fuccio, 59, was sentenced by the County Court on Monday for dangerous driving causing death and dangerous driving causing serious injury.

Around 3.20pm on June 5, 2020, a Toyota Landcruiser veered onto the opposite side of the road as it rounded a corner on Kangaroo Ground - Warrandyte Road.

Di’Fuccio was travelling from her Phillip Island home to pick up her granddaughter from Mernda when she hit the Toyota Corolla at Kangaroo Ground.

The other car contained 28-year-old palliative care nurse Mary ‘Margo’ Baker and her husband Sarosh Samuel.

They were heading back to their Croydon home after a weekend in Kilmore.

Mary 'Margo' Baker-Samuel died as a result of the collision.

Both vehicles were extensively damaged and Mr Samuel, who was driving, suffered life-threatening injuries.

The court heard he lost four teeth, sustained a fractured jaw, shattered bones to the left side of his face, major internal bleeding, damage to his small and large intestines and a hand injury.

He also had soft tissue injuries.

His wife of only four months died in hospital.

Di’Fuccio, who had minor injuries, told police she reacted to the brightness of the sun by momentarily closing her eyes.

She heard a loud “bang” and felt her airbags go off.

Neither driver was impaired by drugs or alcohol and both vehicles were travelling well below the speed limit.

Judge Trevor Wraight said Di’Fuccio was distracted just long enough for her vehicle to cross onto the opposite side of the road.

Judge Wraight summarised two victim impact statements to the court.

Mr Samuel described his “terrible loss”, saying he wished he could have saved his partner’s life.

The newlyweds at their wedding ceremony

Ms Baker’s sister described the loss of her “compassionate and gentle” sister.

She said her family held no animosity towards Di’Fuccio and hoped she would find peace.

Di’Fuccio had post traumatic stress disorder as a result of the crash and consistently expressed her devastation, guilt and shame.

The cook also had no criminal record, the court heard.

Judge Wraight said he considered numerous character references and the defendant’s “deep and profound remorse” in sentencing.

“This case is a clear example where an otherwise safe and competent driver has driven without the required due care and attention in circumstances where the conditions of the time, while challenging, would not be uncommon,” he said.

“The clear message to be conveyed is that all drivers must be alert at all times.”

Judge Wraight placed Di’Fuccio on a community corrections order.

Her licence was cancelled and disqualified for two years and she must complete 300 hours of unpaid community work.