By CASEY NEILL
A 23-YEAR-OLD mother of two will spend at least three years in jail over a fatal car crash in Noble Park.
The County Court heard that Ding Mac’s car collided with two vehicles before hitting a tree in Kleine Street, Noble Park, in the early hours of 9 October 2011.
The impact killed her boyfriend of seven months, Dahl Chinmouth, 25.
She pleaded guilty to one count of culpable driving, one count of theft and several driving offences.
Judge David Parsons on 9 August sentenced her to five years and nine months in jail, with a three-year non-parole period. She’s already served 164 days in custody.
He also cancelled her licence and disqualified from applying for a new one until 9 August 2015.
Judge Parsons said Mac had no prior convictions, had “reasonably good” prospects for rehabilitation and was a “modest” chance to reoffend.
“Clearly you need to ensure that you moderate your drinking habits and hopefully have some counselling, which will enable you to deal with the legacy of a very difficult early life and equip you to make better decisions with respect to relationships and coping with the vicissitudes of life,” he said.
Mac brought Mr Chinmouth and her daughters to a party at a friend’s place with plans to spend the night, and consumed several alcoholic drinks.
But the court heard that Mr Chinmouth insisted she drive him and his brother Afag home following an argument about a former boyfriend.
“You were reluctant to do so because you had been consuming alcohol and you were not in a fit state to drive,” Judge Parsons said.
Mac took the party host’s keys without permission and about midnight drove erratically towards her home, three kilometres away, as she and Mr Chinmouth continued to argue. He was not wearing a seatbelt.
She ran into the rear of a vehicle, performed a U-turn, almost collided with another vehicle and then reversed into a parked car.
Mac drove into Kleine Street at high speed, failed to negotiate a slight bend, mounted the kerb and hit a tree.
“The deceased suffered major injuries to the face and body, but was still alive whilst extracted from the vehicle by paramedics,” Judge Parsons said.
“Whilst receiving treatment in the ambulance his condition deteriorated and he died.”
Mac returned a 0.113 preliminary breath test reading.
Judge Parsons said Mac grew up in Sudan, was physically and emotionally abused by her aunt and uncle in Egypt, and was placed in foster care in Pakenham when she came to Australia.
She had her first daughter at age 15 and her second two years later. She was in a violent relationship with their father.
The court heard that Mr Chinmouth had become very controlling and angry and was a heavy drinker.
These factors combined saw her “programmed … to do exactly what she is told, and to fear the consequences of not doing so”.
