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    Driver was on phone when she killed young motorcyclist, judge says
    Australia

    Driver was on phone when she killed young motorcyclist, judge says

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    34 Comments

    1. thedigisup on

      A suspended sentence and a two year good behaviour bond? Are you fucking kidding me?

      Killing someone with a car while drug-affected and she doesn’t spend a day in jail.

    2. mekanub on

      > Krainz was sentenced to one year, eight months and 13 days behind bars, which was suspended upon her entering a good behaviour bond for two years.

      Damn, that’s pretty much nothing for killing somebody.

    3. Graphite57 on

      I wonder if she got to keep her phone?
      If not, that would be the only punishment she appears to have recieved, ~~didn’t even mention a loss of license.~~. (EDIT) it DID mention the loss of license,, I missed that final line.

    4. E100VS on

      Pathetic. Road laws exist in Australia for one reason and it’s not safety or justice—it’s money.

    5. Cutsdeep- on

      Says the kid was driving his motorbike at an average of 140km just before the accident, not saying he’s at fault, but can we calm down on the streets, please?

    6. Pale-Breakfast6607 on

      What a tragic outcome for everyone involved.

      He was maybe speeding a little bit, she may have been distracted by the call and possibly a bit slow to react due to the THC in her system.

      Could have gone a million different ways, and how many of us could say we weren’t a bit careless at times on the road, especially as young people?

    8. SaltpeterSal on

      The two most unhinged sentences ever seen together:

      >A woman was on the phone and under the influence of cannabis when she ran through a give way sign and fatally struck a motorcyclist in Adelaide’s southern suburbs, a court has heard.

      >Elizabeth Meg Krainz, 28, was sentenced to a good behaviour bond in South Australia’s District Court on Thursday after pleading guilty to causing the death of 21-year-old Danny Gailey, by careless driving, on Main South Road at Aldinga on the afternoon of May 28, 2024.

    9. LeDestrier on

      “In sentencing Krainz, District Court Judge Anne Barnett said she believes Ms Krainz is genuinely remorseful.”

      Only an utter sociopath would not feel any remorse upon causing the death of someone. Is that all it takes to beat the rap? Have we set the bar that low?

      What a joke.

    11. imnot_kimgjongun on

      This will probably get me downvoted but I feel it needs to be said.

      I think custodial sentences in cases like this are unwarranted. They serve no one – the family of the victim can’t be made whole, the community is no safer, the perpetrator isn’t rehabilitated (because frankly there’s nothing to rehabilitate).

      The only purposes they serve are punishment and vengeance. I feel that knowing, til the day you die, that your actions killed somebody is probably punishment enough unless you’re a sociopath, and quite frankly if the victim’s family are not advocating for vengeance in the form of jail time, the state shouldn’t be either.

    13. pablospc on

      Another day, another person only gets a slap on the wrist for killing someone with a vehicle

    18. Character-Actual on

      She got a pretty rough treatment in the headline, the article suggests she may have been hands free on the phone and the kid was doing 140km on his bike.

      Weird that the headline doesn’t mention the drugs in her system though, surely that’s a bigger deal.

    19. DocklandsDodgers86 on

      Woman driver on drugs kills someone and gets two-year suspended sentence and can apply for good behaviour bond.

      Once again, Australian court system proving itself woman-favoured AF. Will she be nominated for AOTY next year too?

    21. Llamadrugs on

      Hope our government addresses this issue. This and cars not stopping for trams / light rails are a big issue and needs to be addressed with our ever increasing population.

    22. ValuableLanguage9151 on

      This is what terrifies me about being a cyclist. Even if I obey all the rules I can still get killed by a moron. It’s not a fender bender like in a normal small car crash, any hit from a car can kill you on a bike

    23. cereal_state on

      Sounds like the same judge who let that disgusting upskirt pervert off the hook without serving a single day in jail. Wtf

    24. britishguitar on

      Victim’s mother:

      *”No sentence … will ever bring Danny back*

      *”I feel Danny would think we got justice because he wouldn’t want anyone to hurt.*

      *”Both lives have changed. Her life has changed forever. This will never stop leaving her mind.*

      *”Everyone’s hurting, even Ms Krainz is hurting. *

      Reddit:

      *She should be put in prison for decades and the judge should be arrested*

    25. toolate on

      Did anyone actually read the article. 

      > Judge Barnett said phone records showed Krainz was on the phone at the time of the incident but “there is no evidence … about how that call was conducted”.

      So she was probably using hands free on a call, not texting and driving. 

    26. Magnolia__Rose on

      She’s obviously in the wrong and deserved a sentence but thc shows up long after you may be affected. If I was roadside drug tested I would probably return a positive usually from smoking prescribed cannabis a day or even more before. But I wouldn’t drive high. They need reliable tests for thc.

    27. downundie898 on

      Yep, sounds about right. So typical. His poor family.

      Just last night I was reading the published penalties for DUI’s etc & it’s insane the slap on the wrist these people get. I know someone that got a 6 month licence suspension for going 110km in a 60 zone, but the kicker was that it was a single lane on ramp onto a 100km zone motorway. Cop was sitting just before the 100km sign. Yet looking at drunk/drug drivers, they’re getting just a fine & the longest suspension was 3 months. Ridiculous.

    28. Intelligent_Plum_208 on

      Not justifying her actions but it’s worth noting IMO that the motorcyclist was seen doing 140km/h before he was hit, although not at the time of being hit. I wonder if he had been travelling the legal speed before if he would have been hit at all?

    29. DickPin on

      The number of bloody idiots I see driving and using their phones is shocking. One second is all it takes for an accident to happen and a life to be lost. Whatever it is can’t be that important, so leave your phone alone when driving. End of story.

    30. obsolescent_times on

      Can anyone explain this?

      The article says she is the first person to be charged under new laws:

      ***”Krainz was the first person to be charged under new laws…”***

      Those new laws it’s referring to, introduced in SA, are described:

      ***”The new laws will provide a mid-tier charge between causing death by dangerous driving and driving without due care…*** ***The maximum penalty for causing someone’s death after driving without due care was only 12 months… This penalty*** *[the new law]* ***is now seven years”***

      Digging a little deeper [HERE](https://www.lawhandbook.sa.gov.au/ch12s08s05s04.php) is info about the new law and it states:

      * ***for a basic offence – imprisonment for 5 years and licence disqualification for 1 year or longer if the court so orders***
      * ***for an aggravated offence – imprisonment for 7 years and licence disqualification for 3 years or longer if the court so order***

      It then goes on to explain what constitutes an aggravated offence:
      ***”…causing death or serious harm by careless use of a vehicle will be aggravated if the offender***

      ***- was driving under the influence… or with a prescribed drug in their system”***

      Righto… So a new law was introduced following a recent previous case where someone was killed, because it was identified there was a significant gap between the low level 12 month offence and the high level (more difficult to prove) 10-15 year offence. Cool.

      Fast forward to this case where this girl pleads guilty to the new “mid-tier” law, so presumably didn’t meet the criteria for the lower level charge, but despite appearing to also meet the criteria for aggravated condition (maybe?) the end result is not 5 years, not 7 years, but essentially the same as the lower level charge of ~12 months anyway and then the judge says lets just go ahead and suspend it as well? oh but lets keep the higher aggravated 3 years no licence part so it’s fair.

      Sooo, what was the point of introducing the new law then?

      I reckon I must be missing something here, can anyone make it make sense?

      Edit: seems like a bit of a slap in the face to the family of the girl (from the previous case) that campaigned to have the laws reformed.

    31. Billyjamesjeff on

      It’s why after 30 years of accident free motorcycling i’m not getting another bike. People are either on their phones or entertainment systems and the cars are all massive.These dead shits scare me.

      Also if no one does jail time where is the deterrence?

    32. tacoeater35 on

      Wow what a complete and utter failure of our so called justice system. At this point why ever bother getting a drivers licence . Should have been 10 to 15 years .