A woman killed on her 72nd birthday by a drunk driver had looked forward to enjoying time her grandkids and travelling, her family have told a judge.
Carmel Maree Magutau, 50, faced Brisbane District Court on Tuesday and pleaded guilty to dangerous operation of a vehicle causing death while intoxicated.
Judge Benedict Power heard Magutau consumed at least two bottles of wine on the night before she drove into Maria Teresa Gomez at 7.45am on November 12, 2022.
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Gomez had been walking on the footpath when Magutau’s Toyota Corolla hatchback mounted the kerb after failing to negotiate a slight bend at Kuraby, in Brisbane’s south.
Crown prosecutor Matthew LeGrand said Magutau was driving at 70km/h in a 60km/h zone in a built-up suburban area.
“The deceased was thrown into aluminium fencing 30m down the road,” he said.
“(Magutau) continued to drive for 160m with three flat tyres and a shattered windscreen before being stopped by another motorist.”
LeGrand said Magutau must have been in a significant state of inebriation to have attempted to drive with such damage to her car.
After the crash, Magutau smelled of alcohol and three empty 750ml wine bottles were found in her car’s front passenger footwell.
LeGrand said the loss of Gomez continued to have wide-reaching and long-lasting impacts on her family, including her children who were present in court.
“She was the matriarch of a large family. Their victim statements speak of how she lost her ability to enjoy her position as a grandmother and travel abroad,” LeGrand said.
Power said the family’s statements were very moving and told of how Gomez had recently lost her husband and overcome cancer.
“They described a remarkable life and contribution to her family,” Power said.
Magutau also pleaded guilty to driving under the influence, refusing a saliva test and refusing a breath or blood test.
Defence barrister Matthew Hynes said the incident was a tragedy for all concerned including his client, who had struggled with mental health issues and alcohol addiction.
“There are a number of features that include in your discretion a wholly suspended sentence,” Hynes said.
Hynes said Magutau had undiagnosed autism spectrum disorder (ASD) and borderline intellectual disability prior to the crash.
“She had woken up late and had an ASD compulsion to her routine to get to the gym. Her judgement was impaired,” Hynes said.
LeGrand said Magutau’s previous work in demanding roles as a hospitality shift supervisor undermined the impact of her disabilities.
Power said he accepted Magutau was remorseful and had attended nearly 400 Alcoholics Anonymous meetings as well as full-time rehab, but she made a “terrible decision” to drive while highly intoxicated.
“But I have to sentence you in a way that deters other from driving in the way you did,” he said.
Magutau was sentenced to six years’ imprisonment, with a minimum of 12 months before applying for parole.
She was also disqualified from holding a licence for five years.