A woman with quadriplegia aged in her 70s has been convicted of fatally injuring an elderly pedestrian in the Charlestown Square car park.
Julia Aiken, 71, faced Belmont Local Court on Wednesday, where she was sentenced to a two-year Community Corrections Order for negligent driving occasioning death.
The court heard that Aiken, who has used a wheelchair since the 1980s, was on her way to meet her daughter and grandchild on the morning of October 3 last year when the tragic incident took place.
The Hamilton South resident stopped in the car park to allow 87-year-old Frank O'Donnell and his wife cross in front of her, but lost control of the vehicle and accelerated forward - hitting Mr O'Donnell.
The court heard on Wednesday that Aiken was "utterly and genuinely distressed and contrite for the consequences of her actions" and did not intend to drive again.
Her solicitor John Anthony said Aiken was adamant not to "hide behind" her physical condition as a causal factor of the incident.
In a victim impact statement from Mr O'Donnell's son read to the court, the 87-year-old was described as a neigbourhood identity whose loss had a "devastating effect" on the lives of his family - of which he was considered the patriarch.
Mr O'Donnell's death left his wife living alone for the first time in 60 years, on a reduced income and relying on others for transport as well as tasks such as grocery shopping.
The statement said Mr O'Donnell used "every ounce of energy to try to survive".
"My sister and I have lost the strongest person in our lives," the statement said.
Magistrate Stephen Olischlager said he accepted Aiken had expressed "deep remorse" and had otherwise lived her entire life as a law-abiding citizen.
He said the incident was not a matter of Aiken failing to keep a proper lookout for pedestrians, but was instead a "momentary loss of control" that had "tragic consequences".
