Driver who hit and killed 10-year-old Jack Power avoids jail

The mum of ten year-old Jack Power, who was killed when a van ran a red light in Blackburn North, has described the driver’s sentence as “fair” as he avoided jail.

Jack Power, 10, pictured with his sister, Stephanie, and mum Bonnie, was fatally struck by a van at a pedestrian crossing in Blackburn North in 2018.

A distracted driver who ploughed through a red light and pedestrian crossing, killing a 10-year-old boy has been spared jail.

Jack Power’s mother, Bonnie, said she was relieved the four-year court case was now over, saying it was time for her family to start healing.

“I feel glad that it’s all come to a close,” Ms Power said.

“I think it’s a fair sentence,” she said.

Jack, 10, was walking back to a family birthday party with his little sister, aged 6, and an older friend when he was fatally struck by a van driven by Zhou Hui Lu in August 2018.

The trio had asked their parents permission to walk to the supermarket to buy supplies for dinner and were on their way back to the party when tragedy struck.

The kids had waited patiently for the traffic lights to turn red at the pedestrian crossing at Springfield Rd in Blackburn North and began making their way across the road when Lu’s van appeared, careening towards them.

The older girl, 12, who was holding on to Jack’s younger sister’s hand, screamed at the group to “run” and pulled the little girl away from the path of Lu’s van.

Jack Power, 10, with his mum, Bonnie.

Jack, who was a few steps behind the girls, had no time to move and was struck.

The court heard Lu had failed to notice the red light and slammed on his brakes too late to avert the horror crash.

Lu, 49, immediately stopped his car and picked the fatally injured boy off the road and carried him to the nature strip.

Jack’s sister still has nightmares about seeing her brother lying helplessly on the dark, wet road, the court heard.

Jack’s devastated mother, Bonnie Power, said she was struggling to come to terms with the death of her son in circumstances “so unfair”.

Ms Power said she felt sorrow and anguish watching Jack’s friends grow up into teenagers, when her son would never have the chance.

A total of seven victim impact statements were provided to the court at a pre-sentence hearing last month.

Lu pleaded guilty to one count of dangerous driving causing death for his moment of inattention.

Zhou Hui Lu has taken full responsibility for his fatal lapse in concentration. Picture: Andrew Henshaw

The court heard due to the wet road, investigators were unable to determine exactly how many seconds Lu had been distracted for, but both parties agreed with was a “low number”.

In the Supreme Court of Victoria on Friday, he was sentenced to a three-year community corrections order, during which time he must complete 300 hours of unpaid community work and seek treatment for his mental health.

He will also be stripped of his drivers licence for 18 months.

Justice Amanda Fox said the father of one continued to be deeply affected by the collision and had taken full responsibility for his fatal lapse in concentration.

Lu has since been diagnosed with PTSD, with visions of Jack hitting his windscreen often breaking into his consciousness.

Justice Fox accepted the self-employed carpenter had consistently expressed remorse and sorrow over the accident but warned any non-compliance with his CCO could see him re-sentenced to jail time.

Bonnie Power and daughter Stephanie, 6. Picture: Jake Nowakowski

Ms Power said there was some comfort in knowing how sorry Lu was.

“His sentence started the day it happened.”

Ms Power said her daughter, who was just six at the time Jack was senselessly killed, had only recently begun to open up about the horror she witnessed that night.

“She talks about this loop, this recurring nightmare of turning around and looking for Jack and not seeing him, then seeing him there under the car,” Ms Power said.

“I just tell her that she and I, we’re in this together and we talk about Jack a bit at home,” she said.

Ms Power said as more and more Victorians returned to the roads, she wanted concentration while behind the wheel to be at the forefront of their minds.

“It’s so important now we’re all back on the roads, multi-tasking, being busy again,” she said.

“Lu didn’t have a phone, he didn’t have kids fighting in the back seat, he wasn’t under the influence.

“He was simply distracted with his own thoughts in his head and how terrifying is that — that could be anyone,” Ms Power said.