Fatigued truckie jailed over horror smash that killed toddler
A judge has said there are “no winners” as he jailed a fatigued truck driver for more than a decade over a horror crash on the Calder Freeway that killed a toddler.
Police & Courts
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A judge says life will never be the same for the grieving parents of a toddler killed in a horror crash, as he jailed the fatigued truck driver responsible for her death.
Felicity Stewart and Simon Peckitt were returning from a weekend away with their two daughters in the Macedon Ranges when a semi-trailer driven by Matthew Livingston ploughed into the back of their car on the Calder Freeway.
Two-year-old Harriett was killed instantly while her parents were seriously injured.
County Court Judge Michael Tinney on Friday said there were “no winners” in the case as he jailed Livingston for 12 ½ years after he pleaded guilty to culpable driving causing death, negligently causing serious injury and endangering others.
Family members of Ms Stewart, Mr Peckitt and Livingston packed out the court as Judge Tinney handed down his sentence, with many wiping away tears as he described the impact of Harriett’s death on her parents.
“In an instance, their lives changed forever as you drove your prime mover and trailer into the back of their car,” Judge Tinney said.
“There is nothing that you or I or anyone can say or do to alter this sad reality for this family. Life will never be the same again … and this can be put down to your actions.”
Judge Tinney said Livingston was a “decent” man who would carry the guilt of killing Harriett, but it was her parents who suffered the harshest punishment.
“Long after this case is a distant memory … they will still be met with the great sadness of her loss,” he said.
The crash at Diggers Rest, northwest of Melbourne, took place when the 44-year-old truckie drove into the back of the family’s car, which had stopped for roadworks on December 6, 2021.
Livingston only applied the brakes 0.9 seconds before impact, hitting the stationary car in front of him at 86km/h and causing a six-car pileup.
His truck then veered right, slamming into another car that rolled and trapped the driver for several hours.
Prosecutors said Livingston was drifting in and out of sleep leading up to the crash and ignored several signs warning drivers to slow down.
In the 20 minutes before the crash, other motorists saw Livingston’s 42-tonne grain truck veering across lanes, with some overtaking him for their own safety or to check that he was awake.
Judge Tinney said Livingston was fatigued and should have known better than to be behind the wheel.
“You chose to push on when you knew you were not in a fit state to drive,” he said.
Livingston had previously falsified details in a driver log book and pulled 16-hour shifts.
Ms Stewart and Mr Peckitt were seriously injured in the crash and left with acquired brain injuries.
But miraculously their 12-month-old daughter Jemima, who was seated next to Harriett, escaped almost unscathed.
Livingston will be eligible for parole after serving seven years and six months of his sentence.
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