Marshall Oakley-Stagg was walking with friends along a footpath outside Cosgrove High School in Hobart’s northern suburbs on April 5, 2024, when he was struck by a blue Isuzu pulling out of a lane and onto the main road.
The driver, 51-year-old Elena Anita Begovic, had only just picked up her two children from the school.
On Tuesday, Begovic was handed a four-month jail sentence after pleading guilty to causing death by negligent driving. The sentence was fully suspended for two years on the condition she not commit any serious offences during that time.
Magistrate Robert Webster told the court Begovic failed to keep a proper lookout and did not look left as she pulled out from the lane.
“His life meant more,” Marshall’s mother, Karina Stagg, said outside court.
“There needs to be a change to our laws and our justice system to do with crimes with vehicles.
“There is no justice for our family. It’s a kick in the guts.”
Marshall was described as a boy who “loved life”, was funny and quirky, and always looked out for his friends.
CCTV footage from a vehicle across the road showed Begovic did not slow or stop as she approached the school fence line. While the magistrate noted her negligence was “fleeting” and not at the high end of the scale, he said it had “disastrous consequences”.
The court heard Begovic was familiar with the lane and knew bushes on the left created a blind spot, as well as how busy the area became during school pick-up. Based on the car’s dimensions, Webster said Marshall would have been visible had she looked in that direction.
A “much higher degree of care and vigilance” was needed given her knowledge of the location, the magistrate said, adding there were “no winners” in the case and that no punishment could ever be enough for the family’s loss.
Begovic, who works as a teacher’s assistant, is suffering post-traumatic stress disorder and significant anxiety, and has changed her work hours to avoid busy school traffic.
In suspending the sentence, Webster took into account her “essentially blameless” life, her cooperation with authorities and her work supporting disadvantaged students.
Begovic was disqualified from driving for 12 months and ordered to pay $1060 in fines and court fees.
She also pleaded guilty to contravening vehicle standards relating to lights and tyre tread, though the magistrate said none of those issues contributed to the crash.
Image: 7News
