Indian woman gets jail for dangerous driving that killed baby

Indian-origin woman Dimple Grace Thomas has been sentenced for two-and-half years in jail by a Melbourne court for dangerous driving causing the death of a baby, that was still in-utero at the time her mother was in the accident. She won't be able to apply for parole for a minimum period of 15 months, and faces the risk of deportation after it.

Source: AAP Image/Kaitlyn Offer

On August 8, 2016, the car driven by 31-year-old Dimple Thomas hit another car when she was trying to turn wrong way onto the South Gippsland Highway in Melbourne's Cranbourne.

The other car was driven by Ashlea Allen, who was 28-weeks pregnant at the time. She gave birth in hospital after the crash. But the baby died two days later.

Ms Thomas was charged with multiple charges including dangerous driving causing death, reckless driving causing serious injury and violating "give way" sign. She had pleaded guilty to the charge of dangerous driving, and other charges were dropped by the prosecution.

Her counsels had argued that she was 'confused' as to whether she could turn right. However the prosecution has rejected this argument, pointing that it was a must-turn-left area and was indicated by visible sign boards. The defendant had crossed three lanes before reaching the median, and was intentionally taking right turn there, the prosecution had argued.

The court found out that she had disobeyed the traffic signs knowingly and is guilty of mid level culpability.

"I'm satisfied beyond reasonable doubt you were acting in wanton disregard to the law," Judge James Parish said.

Even though the court considered the hardship her husband and three-year-old son would have to go through during the sentence period, it didn't find an exceptional circumstances to reduce the jail term.

Ms Thomas who hails from the state of Kerala in India had also submitted before that court that she was in Australia as a permanent resident, and a jail term would result in her deportation.

However, the court has found enough evidence to sentence her to two-and-half years, with a minimum term of 15 months before parole.

As per the rules anyone sentenced for more than one year could be deported by the Immigration Department.

Broke down in court room

Dimple Thomas was present in the Melbourne  County Court to hear the judgement, along with her husband.

All of them were broken down when the court handed over the sentence. Ms. Thomas was remanded immediately after.

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