Jail for driver in Kialla West crash that killed her partner

The court heard Peers’ vehicle was travelling at least 128 km/h as she tried to overtake a 26m B-double truck in the overtaking lane on Goulburn Valley Hwy on July 21, 2019.

Peers had earlier passed two cars and was level with the back of the second trailer of the truck when it indicated to start moving to the right as the overtaking lane was ending.

Peers braked hard and her vehicle skidded 50m, went across the opposite side of the road, clipped a concrete drain and hit a tree before her VT SS Commodore came to rest against a fence.

Her defacto partner, Rowan Penberthy, 30, was killed in the crash.

The court heard no drugs or alcohol were present in Peers’ system at the time of the accident.

Judge Amanda Chambers sentenced Peers to two-and-a-half years in prison, with a non-parole period of 12 months.

She was also disqualified from driving for two years.

In handing down her decision, Judge Chambers noted Peers did not have any criminal history in the courts and had never lost any demerit points while driving.

However, she said she had to take into account the objective gravity of Peers’ driving and the consequences of someone dying, as well as her moral culpability.

Judge Chambers said she saw the dangerousness of the driving in the speed and decision to overtake a 26m truck in a 500m overtaking lane.

“I accept the dangerous driving took place over a short period,” she said.

“You had a specific duty of care to ensure the manner you drove did not impact on him (Mr Penberthy).”

Judge Chambers also spoke of psychologists’ reports she had received which detailed abuse Peers had suffered as a child and the fact she suffered from complex post-traumatic stress disorder and borderline personality disorder and had a therapy dog.

However, she said there was no clear evidence either diagnosis could be linked to the cause of the accident.

While the defence argued custody would be particularly onerous on Peers because of her impaired mental functioning, Judge Chambers said she was not satisfied this was the case.

Judge Chambers also noted the victim impact statements made by Mr Penberthy’s parents who described their son as “a beautiful and gentle soul” and described their heartache as "soul-destroying”.

His sister also said she had a “hole in her life that will never be filled”.

“This sentence is in no way a reflection of his worth, or their loss,” Judge Chambers said.

However, she noted Peers had also lost her partner in the crash.

“I accept you’re genuinely remorseful,” she said.

“It’s not lost on me you lost a much-loved partner.”