A 29-year-old health worker who ran a red light and seriously injured a seven-year-old boy as he crossed the road on his way to school has been handed a tougher penalty on review.
The incident, which occurred in the Territory town of Alice Springs on March 2, 2018, was in the NT Supreme Court last week where Chief Justice Michael Grant overturned an original local court sentence of a good behaviour bond without conviction for its "manifest inadequacy".
The sister of the boy tried to drag him from harm's way when Lavina Magtibay ran a red light in Alice Springs at around 60 kilometres per hour, driving a Toyota Prado.
Magtibay had just dropped her own daughter at school when she turned onto Larapinta Drive and accelerated.
The two schoolchildren had waited for the green walk signal to be activated before stepping onto the crossing, where a grey sedan had already slowed to a stop.
Five seconds after the traffic light had turned red, Magtibay proceeded through, saw the children crossing the road and swerved in an attempt to prevent the accident.
Girl saved brother from 'full force'
The NT Supreme Court heard the girl had "stopped, screamed and attempted to drag her brother out of the path of the oncoming vehicle".
"If not for her actions, her brother would have received the full force of the vehicle," Chief Justice Grant said in his decision.
"As it was, the side of the vehicle struck the boy's right leg resulting in a closed fracture of his right tibia and fibula.
"The female child was also struck to the hand, but escaped any significant physical injury."
The boy was hospitalised after the incident where doctors had to realign his fracture and apply a cast.
"If the injuries had been left untreated they would have resulted in significant disability," Chief Justice Grant said.
Driver had 'demonstrated remorse'
The court heard the incident did not involve intoxication, overtly dangerous driving or excessive speed, and that Magtibay got out to render assistance immediately after the crash.
As part of her defence, Magtibay said her vision was obscured by driving toward the sun.
"She personally apologised to the child and his parents. She demonstrated remorse," the judge said.
The court also heard Magtibay was "of general good character who was held in high professional and personal regard".
When she was originally sentenced in local court, the judge had imposed a good behaviour bond and not recorded a conviction, a decision Chief Justice Grant overturned.
"There will obviously be circumstances in which the seriousness of the offending will require a conviction, notwithstanding that the offender might be of otherwise unblemished character," he said.
Chief Justice Grant gave Magtibay a conviction and nine month suspended prison sentence for "negligently causing serious harm".
