Jaycob Gemza has received a prison sentence of up to five years for his involvement in the hit-and-run incident that resulted in the death of 14-year-old Bryson Dimovski in 2023.
Gemza admitted to charges of dangerous driving causing death and failing to stop and provide assistance following the incident.
He has been sentenced to a non-parole period of three years and three months, meaning he could be eligible for parole in February 2029, taking into account the time he has already served.
The 21-year-old was operating a utility vehicle when he collided with Bryson Dimovski, who was riding an e-scooter in Warners Bay on July 28, 2023. According to the Newcastle District Court, Gemza’s vehicle veered approximately one meter into the fog lane, striking the teenager.
Following the impact, Bryson was thrown onto the hood of the car, hit the windscreen, and was subsequently hurled down an embankment.
During the court proceedings, it was revealed that Gemza initially remained at the scene for a few minutes, but did not make a call to emergency services. Instead, he left after inspecting the area on foot.
Judge Paul Marr noted that Gemza attempted to hide his vehicle in a nearby street before calling his girlfriend for a ride, as he feared he might be over the legal alcohol limit. The judge remarked on Gemza’s lack of awareness regarding the victim’s status at that moment.
Hours later, Gemza contacted the police after seeing a social media post about a missing boy, which prompted him to report the incident.
Prior to delivering the sentence, Judge Marr highlighted that Gemza had been distracted by reading and typing on his phone just before the crash. He emphasized that had Gemza been paying attention, he would have noticed Bryson and potentially avoided the collision.
Following the sentencing, Andrew Dimovski, Bryson’s father, expressed his outrage outside the courtroom, stating that the judicial system had failed his son. He described Bryson as a young boy with a promising future who was left to die without assistance.
Dimovski criticized the sentence, calling it insufficient, and questioned whether it could be considered justice if it were a member of the judge’s own family. He also expressed concern that Gemza received a leniency for his early guilty plea, urging the Attorney-General, Michael Daly, to reevaluate the laws surrounding such cases.
Judge Marr also took the opportunity to address courtroom attendees before the sentencing began, requesting everyone to turn off their mobile phones, citing their potential as distractions. He stressed the shared responsibility of all individuals on the road to prioritize safety.
He poignantly urged those present to refrain from using their phones while driving, reminding them of the tragic consequences that can arise from such distractions. He expressed a desire to prevent other families from experiencing the profound grief faced by the Dimovski family.
With the time he has already served, Gemza will be eligible for parole in February 2029.
