'No parent should bury a child': The heartbreaking words of a father at the court case over his son's death

Those were the heartbreaking emotional words to a court of grieving father Gordon Penberthy, whose Echuca son Rowan Penberthy, 30, was killed in a car crash in Kialla West in 2019.

Mr Penberthy was speaking on behalf of himself and his wife at the County Court matter for Amber Peers, who was driving the car when her de facto partner died.

The 28-year-old Echuca woman pleaded guilty in the County Court online on Tuesday to a charge of dangerous driving causing death.

The court heard Peers hit a tree after she attempted to pass a B-double truck on the Goulburn Valley Hwy at Kialla West on July 21, 2019.

Prosecutor David Cordy said Peers had used an overtaking lane to pass two other cars and was level with the second trailer on the truck when the truck indicated to start moving to the right as the overtaking lane was ending.

She braked and skidded 50m, went across the opposite lane of the road, clipped a concrete drain and hit a tree before her VT SS Commodore came to rest against a fence, Mr Cordy said.

The court was told at the time of the crash, Peers was driving at 128 km/h.

A blood test found there was no alcohol or drugs in Peers’ system at the time of the accident.

Defence barrister Julian Lowry told the court the culpability for his client was “at the lower end” for such a charge and that she had “misjudged” her overtaking.

He said while his client was driving at 128km/h, she was attempting to pass in an overtaking lane.

“She did not see the sign the lane was coming to an end,” Mr Lowry said.

“She acted by braking heavily to avoid a collision with the truck.

“It wasn’t as though she was seeking to cross over into oncoming traffic.

“Her grief is palpable. She is beyond remorseful.

“Everyone in court today has lost someone they love.”

Mr Lowry also told the court his client, who was 26 at the time of the crash, had held a driver’s licence since she was 18 and had never had any traffic infringements notices.

Clinical psychologist Gina Cidoni told the court Peers suffered from borderline personality disorder and complex post-traumatic stress disorder.

Both had been diagnosed before the accident, with the PTSD resulting from a traumatic childhood, as well as what she experienced as a result of the accident.

She also told how Peers had a processing speed of 71 – only two points above what is considered “impaired”.

Peers also has a therapy dog for her borderline personality disorder.

Ms Cidoni told the court she believed Peers would have a hard time in prison because of her disorders, with the harsh environment of prison exacerbating her symptoms.

Any time spent on her own – including the initial two weeks isolation all prisoners have to undergo because of COVID-19 restrictions – and the separation from her therapy dog, would be detrimental to her health.

“She is at a risk of harming herself or taking her own life,” Ms Cidoni said.

She also told the court she did not believe Peers would receive the treatment and all the medication she needed if she was sent to prison.

However, the prosecutor argued she was not engaging with services at the level required in the community already.

Mr Lowry asked for a community corrections order, instead of prison for his client.

“I’m not sure the community has the expectation that someone of her background is placed in prison, despite the seriousness (of the offence),” he said.

Mr Cordy, however, called for immediate imprisonment, saying it was serious offending.

He suggested the judge could implement a shorter than usual non-parole period for Peers.

“The decision to overtake it (the truck) was a deliberate decision at that speed,” Mr Cordy said.

“Given the deliberate nature of her acts, her moral culpability was high.

“This was a recipe for disaster.”

In his victim impact statement to the court, Mr Penberthy spoke of how he and his wife missed their son and that “every morning brings a tear”.

“The fear and the loss overwhelms you,” he said.

“We will never forget the knock on the door (to tell them their son had died), and still a knock on the door causes fear.

“To our son, we love you and miss you every day.”

Judge Amanda Chambers will hand down her sentence on February 24.