Magistrate sheds tears in Jess Wills fatal car crash case

By Evan Schuurman
Updated November 2 2012 - 4:34pm, first published May 17 2011 - 2:08pm
SCENE: The fatal crash at the corner of Mair and Peel streets.
SCENE: The fatal crash at the corner of Mair and Peel streets.

A MAGISTRATE was brought to tears when sentencing two drivers who were involved in a fatal car accident in Ballarat’s CBD last year.The Ballarat Magistrates Court heard that Jessica Wills was killed two days after her 18th birthday when the car she was travelling in collided with another vehicle at the intersection of Mair and Peel streets about 8.20pm on September 3.Mt Helen P-plate driver Emma Arnel, 18, and Bacchus Marsh man Shaun O’Brien, 22, appeared in court yesterday over traffic violations that were related to the crash.Arnel pleaded guilty to failing to give way to a vehicle while turning right at an intersection, and O’Brien to failing to obey a single direction traffic lane arrow.Police prosecutor Senior Constable Clint Prebble said Ms Wills, who was from Ballarat, was a passenger in Arnel’s Mitsubishi Magna sedan when it collided with O’Brien’s Nissan Patrol during heavy rain.He said Arnel was driving east along Mair Street when she went to turn right but failed to give way to oncoming traffic.O’Brien, who was driving in the opposite direction along Mair Street, struck the passenger door of the sedan.Ms Wills was taken to the Ballarat Health Services Base Hospital before she was transferred to The Alfred in Melbourne.Senior Constable Prebble told the court Ms Wills died from head injuries.Arnel’s defence lawyer Jacob Torney said Arnel had held her drivers’ licence for only about three weeks when the accident occurred and had mistakenly thought there was a right-hand arrow.He told the court a senior traffic management engineer had said there had been three previous fatalities at the same intersection.O’Brien’s defence lawyer Samantha Poulter said her client hadn’t driven down that section of Mair Street before and noted that a number of witnesses had said it was a “clumsy” intersection.Magistrate Michelle Hodgson had to wipe away tears when sentencing.“It breaks everybody’s hearts to see an 18-year-old girl’s life end like this,” she said. “I can’t do anything to bring Jessica back ... but life does go on.“I’m sure that you’ll both be more careful drivers and I have no doubt both of your lives have been irrevocably changed.”Arnel and O’Brien were both fined $250 without conviction.

Subscribe now for unlimited access.

$0/

(min cost $0)

or signup to continue reading

See subscription options

Get the latest Ballarat news in your inbox

Sign up for our newsletter to stay up to date.

We care about the protection of your data. Read our Privacy Policy.