Amber Peers jailed for causing partner’s death on Goulburn Highway

A woman whose partner was killed after she tried to speed past a truck on a Shepparton highway, has learnt her fate.

Peers admitted to speeding above the 100km/h limit.

A driver who caused her partner’s death after she unsafely tried to overtake a truck on a Shepparton highway, causing her car to skid into a tree has been jailed.

Amber Margaret Peers, 28, was sentenced to a minimum of twelve months’ jail before the County Court on Wednesday, having pleaded guilty to one charge of dangerous driving causing death.

Peers was driving an orange Holden Commodore south along the Goulburn Valley Highway in Kialla West about 4.05pm on July 21, 2019 when she caused the crash that killed her de facto partner, Rowan Penberthy.

The court heard Peers tried to overtake a B-double truck at high speed, then braked heavily when she realised she wasn’t able to, causing the car to skid 50m over the oncoming lane and into a large tree.

The car then rolled until it stopped against a wire fence.

Penberthy, Peers’ front passenger, was killed at the scene.

Peers received minor injuries.

The court heard Peers had been driving behind another sedan and the truck when a road sign indicated the overtaking lane would be ended in 500m, reducing the road to one lane each way.

The other car then overtook the truck, and Peers, who had already overtaken two other vehicles, attempted to overtake the truck in the right lane between the road signs, ‘Left lane ends’ and ‘Form 1 Lane’.

The truck was merging into the right lane when Peers realised there wasn’t room to overtake, and braked heavily.

The incident was captured on the truck’s dashcam footage.

The court heard investigators believed Peers, who had not been under the influence of alcohol or drugs, had been travelling at a minimum speed of 128.7km/h when she tried to overtake in the 100km/h zone.

It was heard Peers later admitted to police that she had been speeding and attempting to overtake the truck unsafely

Her lawyer said Peers immediately recognised she had driven unsafely and was “beyond remorseful”.

The Echuca woman was 26 at the time, Mr Penberthy was 30.

Mr Penberthy’s parents and sister provided victim impact statements to the court at the plea hearing.

Father Gordon Penberthy said the “senseless act” had immensely impacted his family.

“We are lost,” Mr Penberthy said.

“No parents should ever have to bury their children.”

The court heard Peers had no criminal history and also had a truck licence, having worked as a truck driver.

At the plea hearing, Peers’ lawyer said his client’s moral culpability was at the lower end of the scale, saying she had suffered traumas as a child, and submitting that she should avoid the mandatory prison sentence for the charge.

A psychologist gave evidence that Peers had borderline personality disorder and chronic PTSD and would be at greater risk in prison than the average person.

It was heard she was on the disability support pension and lived with a therapy dog before the crash.

But the court heard Peers said she had felt calm on the day, and that it was “a happy day”.

At sentencing, Judge Chambers said was not satisfied Peers’ borderline personality disorder and PTSD had contributed to her actions on the day of the crash, meaning she was not exempt from the mandatory prison sentence for the charge.

“There is no clear evidence,” Judge Chambers said.

Judge Chambers said Peers’ violated her duty of care as a driver, and that no sentence could make up for the loss of Mr Penberthy.

“You had a duty of care to all other road users, particularly your passenger.”

Judge Chambers said she accepted Peers was genuinely remorseful and noted the benefit of her plea.

Peers was sentenced to a maximum of two years and six months’ jail.

Her licence was cancelled for two years.