A driver has been sentenced to a two-year community correction order after a two-vehicle crash severely injured a three-year-old boy in Berwick.
As part of the CCO, Renee Foelmli, now 28, was given 30 hours of community service, mandatory mental health treatment and rehabilitation, and the cancellation of her driver’s license for two years.
On Monday 24 February, the court heard that on 24 March 2022, at roughly 6.57pm, 28-year-old Foelmli – then 25 years old – drove through a red light at an intersection in Berwick, colliding with a vehicle that contained the now 6-year-old child while it was making a legal right turn onto the Monash Freeway.
Foelmli, who was driving a black 2014 Jeep Cherokee, ran a red light and crashed into a 2013 Toyota Corolla that carried the victim, his caregiver and her husband, who was driving the car.
The impact was severe, with multiple witnesses reporting that the Toyota was struck directly on the passenger side.
As described in a summary of the prosecution, seconds prior to the impact, the caregiver’s husband heard a yell from his wife in a “very panicked voice”, after, he looked over his left shoulder and saw the Jeep about to hit them.
In the same summary, it was detailed that the red traffic control signal appeared eight seconds before the Jeep arrived at the intersection.
Foelmli was travelling approximately 68 km/h when they hit the Toyota; five seconds prior to impact, the Jeep was travelling at 81 km/h.
Foelmli applied brakes 2.3 seconds from deployment; at impact, the Toyota was travelling at 32 km/h.
In sentencing on Friday 28 February, Victorian County Court judge Claire Quin took into consideration Foelmli’s lack of intentional recklessness, lack of criminal and or driving offence history, and the impact of imprisonment on her four young children.
The prosecution sought a prison term for Foelmli, arguing on the basis of the seriousness of the injuries and negligence, as well as the impact the incident had on the family.
The defence pushed for a CCO instead, sharing details on Foelmli’s difficult childhood growing up that involved family violence, diagnosis of depression, anxiety and PTSD due to childhood trauma.
The defence further argued that at the time of the accident, Foelmli had a distressing altercation with her parents, which may have momentarily impaired her judgment prior to impact.
However, Judge Quin said that there was a limited connection between the offence and Foelmli’s level of functioning.
Judge Quin highlighted and acknowledged the extensive injuries sustained by the now six-year-old victim that included severe traumatic brain injury, lung collapse, pancreatic injury and multiple fractures.
The victim’s rehabilitation process was also emphasised, with statements from the victim’s parents touching on their son’s difficulties and a fear for what the future holds.
