Maddison Peace Bain, a 27-year-old woman, has been sentenced to a prison term of four years and 11 months for her involvement in a fatal hit-and-run incident that resulted in the death of pedestrian Kelly T’Hart in Furnissdale in May 2024.
At the time of the collision, Bain was reportedly four times over the legal blood alcohol limit but was permitted to operate a vehicle just two months following the accident.
This case has prompted the introduction of “Kelly’s Law,” a legislative measure aimed at prohibiting hit-and-run offenders from regaining their driving privileges, which is anticipated to be implemented by the end of the year.
Bain, who is currently pregnant and has been in custody since February, was found to have been intoxicated after consuming alcohol at a friend’s residence prior to the incident. Evidence presented in court indicated that her blood alcohol content was significantly above the legal threshold when she struck T’Hart.
T’Hart, who had recently celebrated her 32nd birthday, was walking along Riverside Drive when Bain’s vehicle collided with her, causing critical injuries to her head and pelvis. The District Court was informed that Bain was distracted at the moment of impact, as she was turning to speak to a passenger in the car.
The passenger reportedly warned Bain about the collision, but instead of stopping, she drove home. Following the incident, a police officer who arrived at Bain’s home noted that she appeared disoriented and was holding a beer, exhibiting signs of intoxication.
Subsequent tests indicated that Bain’s blood alcohol level was over 0.12 hours after the crash, with estimates suggesting it could have been between 0.15 and 0.2 at the time of the accident, well exceeding the legal limit of 0.05. Although initially charged with manslaughter, Bain ultimately pleaded guilty to the lesser charge of dangerous driving causing death while under the influence of alcohol.
During sentencing, District Court Judge Lindsay Fox remarked on Bain’s excessive drinking, indicating that she had consumed “several too many” beverages to safely operate a vehicle. Judge Fox noted that despite Bain’s emotional reaction upon returning home and her initial admission of guilt, she later claimed she believed she had hit an inanimate object rather than a person. The judge characterized her as someone with a long history of alcohol abuse who had begun to make efforts to confront her drinking since the tragic event.
Kelly T’Hart’s mother, Susan T’Hart, delivered a poignant victim impact statement in court, describing her daughter’s death as the result of a “senseless and negligent act.” Ms. T’Hart expressed the profound loss felt by her family, highlighting Kelly’s role as a dependable figure and community volunteer known for her efforts in rescuing animals. She recalled the last moments spent with her daughter and the heartbreak that followed the incident.
After the sentencing, Ms. T’Hart expressed her feelings about the outcome, stating that while no amount of time could bring Kelly back, she felt a degree of satisfaction with the sentence handed down to Bain.
Ms. T’Hart also shared her struggle to coexist in the same area as Bain, who was initially allowed to drive after the charge. Following her advocacy for changes to the Road Traffic Act, the Western Australia government announced in February that they would amend the law to enforce stricter penalties regarding mandatory licence suspensions for serious driving offences.
The proposed amendments, which have been dubbed “Kelly’s Law,” aim to ensure that individuals facing significant driving-related charges, such as hit-and-run incidents, will not be permitted to drive before their court proceedings. The government has indicated that this legislation has successfully passed through the lower house of parliament and is expected to come into effect by the year’s end.
Upon release, Bain will be eligible for parole in 2029 and will face a driving disqualification period of three years and six months.
