The County Court of Victoria has adjourned the sentencing of a woman following her collision with another car in Berwick that left a 3-year-old boy with a permanent brain injury and lifelong disabilities.
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 court heard that the weather did not play a role in the crash, with the possibility of sun glare affecting the defendant’s vision; however, it was also observed that Foelmli had several seconds to react to the red light.
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 opening on 15 July 2024, 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.
After the collision, the husband looked back and yelled at the young boy “are you okay”, to which he did not get a response; the victim’s eyes were wide open.
He also yelled to his wife and saw that her head was down, she too was not responding.
Witnesses and bystanders rushed to assist the couple and the 3-year-old.
One man performed CPR on the boy while his son dialled emergency services.
Ambulances arrived at the scene at 7.16pm, and the victim was airlifted to the Royal Children’s Hospital in a life-threatening condition.
Victim impact statements were also read out during the hearing, with the victim’s father detailing the profound emotional, psychological and financial impact of the accident.
The father added that his son had to relearn basic life skills, and continues to struggle with speech, motor functions, and social interactions.
Collated by his wife and the victim’s mother, the family underwent financial hardship due to unpaid medical expenses, and unpaid leave from work, and how the family were forced to sell their business to cover said debts.
She also described her battles with depression, anxiety, PTSD and insomnia from the injuries sustained by their son, with this trauma also affecting their younger son and their development.
The extent of the young boy’s injuries was not read out during court, as per the prosecution’s observation, to save the family from reliving past trauma.
The defence acknowledged the high impact, both mentally and physically, of the accident on the victims.
The defence also submitted multiple materials regarding Foelmli’s psychological state, her family situation and past trauma.
This included reports from mental health professionals, multiple testimonies about her difficult childhood, and family violence history, as well as evidence of her role as a single mother with four children including a newborn.
The defence argued for a CCO instead of imprisonment.
On Monday 23 February, the sentencing was adjourned for Friday 28 February to allow time for review of the additional reports that included medical and psychological assessments of Foelmli.
Judge Claire Quin also ordered a community corrections order assessment to be scheduled for Foelmli, born in 1996, to determine whether the defendant could complete community service.
The court heard the maximum penalty for dangerous driving causing serious injury was five years.
Foelmli did not have a criminal history prior to the incident.
