Director of Public Prosecutions v Tripp (a pseudonym)
[2025] VCC 650
•2 May 2025
| IN THE COUNTY COURT OF VICTORIA AT WARRNABOOL CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| STEFANIE TRIPP (A PSEUDONYM) |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6 February & 11 April 2025 | |
DATE OF SENTENCE: | 2 May 2025 | |
CASE MAY BE CITED AS: | DPP v Tripp (a pseudonym) | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 650 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Dangerous driving causing death – No prior criminal history –– Probationary licence holder – Complex psychological profile – Genuine remorse – Bugmy – Verdins – Youthful offender – Reasonably good prospects of rehabilitation.
Legislation Cited: Crimes Act 1958 s 319(1); Sentencing Act 1991 ss 5(2H)(c)(ii), 5(2H)(e), 6AAA, 48CA, 89(2).
Cases Cited:DPP v Lombardo [2022] VSCA 204.
Sentence: Community Correction Order for a period of 3 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms C Duckett | Office of Public Prosecutions |
| For the Accused | Ms E Byrt | Victoria Legal Aid |
HIS HONOUR:
1Stefanie Tripp,[1] you have pleaded guilty to one charge of dangerous driving causing death contrary to s 319(1) of the Crimes Act 1958 which carries a maximum penalty of 10 years imprisonment.
[1] A pseudonym.
2You have no prior criminal history.
Circumstances of the offending
3A prosecution opening was tendered on the plea and may be summarised as follows:
4At the time of offending you were 21 years old and the holder of a Probationary drivers licence. You had attained your Probationary drivers licence eight days prior to the offending. You were also 29 weeks pregnant.
5The victim in this matter is Evie.[2] At the time of the offending the victim was 3 years old and your only child. The victim suffered from Autism and was non verbal.
[2] A pseudonym.
6Grampians Road, Halls Gap was a two-way, two-lane bitumen carriage way in a good state of repair that ran in a general north/south direction. The north and south bound lanes were separated by broken white lines and solid white edge lines denoting the outer edges of both lanes. The bitumen surface extended past the edge lines forming paved shoulders on both sides. The road travels a flat, gentle right curve applicable for southbound traffic. There were large grassed and treed verges on both sides of the road with residential houses on the eastern side and a recreation reserve on the western side. The collision occurred within the Halls Gap town precinct, it was a built up area and a 60km/h speed restriction was applicable. The collision occurred on the outside of the gentle right curve as applicable for south bound traffic.
7On Thursday 2 March 2023 between 6:30am and 7:00am, you left your home address in Hamilton to travel to Stawell in a Mitsubishi ASX wagon. You were the driver, Cory Fry[3] was seated in the front passenger seat and the victim was seated in her car seat in the centre rear seat of the vehicle. You travelled to Stawell to drop off Mr Fry at a work site where he was employed as a roof tiler. Mr Fry did not hold a driver licence at that time.
[3] A pseudonym.
8You travelled to Stawell via Dunkeld and Halls Gap arriving approximately an hour and a half later. You dropped Mr Fry at an address in Stawell and began the return trip to Hamilton to drop the victim at Day Care.
9Shortly prior to the collision, you were using your mobile phone whilst driving. Data retrieved from the phone indicates that you were accessing web-based site ‘HotDoc’ via the Mobile Safari application at 8:46am. You then sent two outgoing messages via ‘SnapChat’ at 8:47:33am and 8:47:51am.
10At approximately 8:49am or 8:50am, while you drove south along Grampians Road on the northern side of the township of Halls Gap and within the precinct of the town, you approached a gentle right curve in the road.
11You began to negotiate the curve and then travelled straight, failing to follow the road as it curved gradually to the right. The left side of your vehicle travelled off the bitumen surface onto and along the grassed verge on the eastern, or outside curve for approximately 10 metres. The Mitsubishi impacted the northern face of a medium/large gum tree which was positioned approximately 4 metres from the edge line on the eastern verge. As a result of this impact, the rear of the Mitsubishi rotated in an anti-clockwise direction and the vehicle rebounded rearward coming to rest on an approximate 45 degree angle to the tree. The vehicle was facing in an easterly direction with the rear of the vehicle within the southbound lane and shoulder and the front on the grassed verge approximately 1 metre from the tree.
12Soon after, Kyle Hewitt was travelling south on Grampians Road, Halls Gap and observed the Mitsubishi nosed to a tree. It appeared to him that the Mitsubishi had just collided with the tree as there was smoke and dust near the vehicle. Mr Hewitt stopped driving and called 000.
13Dennis Beckley was stationary on School Road at the intersection of Grampians Road and intending on turning left onto Grampians Road. Mr Beckley looked to the left and observed the Mitsubishi approaching his left about 150 metres away. Mr Beckley then looked right to ensure it was clear to enter Grampians Road and then turned left to travel north on Grampians Road. At this point, Mr Beckley noticed a puff of dust and that the Mitsubishi was into a tree with smoke and dust around the vehicle. Mr Beckley pulled over opposite the Mitsubishi as Mr Hewitt arrived.
14At about 8.49am, Jonathon Almond was travelling north along Grampians Road in Halls Gap. Mr Almond was speaking to his wife via Bluetooth who was just ahead of him and travelling in the same direction. Mr Almond’s wife reported to him that there had been an accident and Mr Almond advised her to keep driving and that he would pull over to assist.
15You exited the Mitsubishi, went to the right rear door and removed the victim who was limp and unresponsive from the vehicle. Michael McQueen arrived shortly after the collision occurred and commenced CPR on the victim with Mr Beckley until an ambulance arrived approximately 5 minutes later.
16Mr McQueen recalls that you did not have any visible injuries and kept stating that you had swerved to avoid a kangaroo causing you to hit the tree.
17Mr Beckley was relieved by Braeden Hyland who was an off duty ambulance paramedic. Mr Beckley then went and sat with you. At that time you were being comforted by an off duty nurse on the other side of the tree where the victim was undergoing CPR.
18Mr Beckley located your phone on the driver’s dash behind the steering wheel. Mr Beckley returned your phone, wallet and keys to you.
19At about 10:00am police from the Horsham Highway Patrol arrived and started processing the scene.
20At about 10:15am, your mobile phone was seized.
21At about 10:50am, investigators arrived on the scene and conducted a walkthrough of the collision location.
22As you were 29 weeks pregnant at the time of the collision and sustained minor injuries, due to concerns at the lack of foetal movement post collision, you were airlifted to the Royal Melbourne Hospital for observations.
23On the same day, at 12.07pm your blood sample was drawn at the Royal Melbourne Hospital. The sample was later analysed and found to contain a quantity of drugs as follows:
(a) mirtazapine 0.08mg/L;
(b) delta-9-tetrahydrocannabino 6ng/mL;
(c) 11-OH-delta-9-tetrahydrocannibol 4ng/mL; and
(d) 11-nor-delta-9-carboxy-tetrahydrobannibinol 27ng/mL.
24Detective SC Hardiman and Bale from the Victoria Police Collision Reconstruction Unit attended the collision location and conducted a download of the Mitsubishi’s Airbag Control Module (ACM) and obtained the Mitsubishi’s pre collision data from the Module.
25Detective SC Hardiman conducted analysis of the material collected at the scene, and of the ACM and provided the following conclusion:
(a) prior to the collision on Grampians Road, the Mitsubishi was travelling at a maximum speed of 69 km/h in the 5 seconds prior to impact;
(b) at impact the vehicle was travelling at 65 km/h; and
(c) the driver of the Mitsubishi had not input enough right steering for the vehicle to continue within the southbound lane around the right curve, subsequently leaving the road to the outside of the corner and colliding with the tree.
26Leading SC Gardiner from the Victoria Police Collision Reconstruction and Mechanical Inspection Unit conducted a mechanical inspection on the Mitsubishi and found there were no faults, failures or conditions that could have caused or contributed to the collision.
27Investigators conducted analysis of your mobile phone and generated an extraction report.
28Forensic physician Dr Jason Schreiber was provided with information concerning the collision and the blood analysis result and was requested to provide an opinion on your ability to drive at the time of the collision. He provided the following opinions:
(a) you were driving after using cannabis and an antidepressant (Mirtazapine);
(b) cannabis has the potential to significantly impair driving;
(c) the THC found in your blood was biologically significant and was likely to be higher at the time of driving. He noted that these effects can be compounded by the antidepressant; and
(d) THC at this level in relation to driving and the known effects of the substance (possibly compounded by the antidepressant) had created an appreciable risk such that your driving would have posed a risk to yourself and the public.
29As a result of the collision the victim sustained life-threatening injuries and was airlifted to The Royal Children’s Hospital for treatment. The victim died in hospital on the morning of 3 March 2023 at 10:37am.
30You were charged and arrested.
Nature and gravity of offending
31The offence of dangerous driving causing death is, by its nature, a serious offence as it involves the death of a human being. The seriousness of the offence is also reflected in the maximum penalty set by parliament, being 10 years imprisonment and its classification as a Category 2 offence.
32In this instance the circumstances that the prosecution rely on are: that you were not paying attention; that you were driving over the speed limit and that you were driving with drugs in your system. While the prosecution does not specifically rely on use of the mobile phone at the time of the collision, the evidence reveals that you had been using your phone some minutes before the collision. Clearly you took your eyes off the road for a period of time resulting in you not navigating the corner causing you to leave the road and hit the tree. I note also that you were an inexperienced driver having only attained your probationary licence eight days prior to the collision.
33Driving a motor vehicle requires considerable attention, particularly for young inexperienced drivers. You also had your three year old daughter in your car and you were 29 weeks pregnant providing further incentive for you to pay proper attention to your driving. However, in your case not only were you inexperienced, but you had a combination of drugs in your system and you lost attention for a period of time that caused you to fail to negotiate the corner and lose control of the car. You stated to your psychologist that you were looking down because you were crying, and to your psychiatrist you stated that you ‘looked down at the wrong time and there was a tree in front of you’.
34Prior to the collision, it appears that you were in an emotional state resulting in your distraction. In my view in all the circumstances while your inattention was not prolonged, it was also not momentary. Further, given the combination of matters relied on to establish the dangerousness of your driving, in my view your offending rises above a low level example of the offence.
Victim impact
35Two victim impact statements were tendered; from the victim’s father, Cory Fry and the victim’s grandmother, Abby Colins.[4] I have read and taken into account these statements.
[4] A pseudonym.
36Mr Fry speaks of the ongoing grief he suffers as a result of the death of his daughter. His grief has caused a strain on his relationships with his family as he struggles with mixed emotions of sadness, stress and anger. He is also fearful when driving that he may be involved in a collision that could injure someone else’s child.
37Ms Colins states that is it difficult to find words to describe her sorrow at losing her granddaughter. She eloquently describes the many experiences she had with her granddaughter which are now lost to her. Ms Colins has also suffered anxiety and insomnia as a result of the trauma she has endured since the collision.
Person circumstances
38You were born in 2001 in Melbourne and grew up in Hamilton. You were raised by your mother and father and grew up with half siblings.
39You report that your parents were daily alcohol users, argued frequently and often ignored you. You experienced neglect from a young age and were exposed to a violent and dysfunctional homelife.
40You state that your relationship with your half siblings and father has improved since your mother’s death, and you are currently supported by your family and staff at Winda-Mara.
41You were exposed to significant amount of sexual violence and recall that you were groomed and sexually abused at age 14 by a relative of a friend. You have not reported this to authorities and state that the perpetrator is closely connected with your family.
42You have experienced significant tragedy in your family in recent years. Your mother died by suicide in 2022 and your sister died by suicide 9 days after the collision.
43You describe your primary school experience as enjoyable however you struggled at secondary school and were socially isolated. You left school in Year 10 due to bullying. You have ambitions to undertake an undergraduate degree in psychology. You have maintained employment at McDonald’s since you left school and continue to receive financial support through parenting payments.
44You report that you were first treated for depressive symptoms at age 15 and have continued to receive mental health treatment since.
45You met your partner at age 16 and had two children together, including the victim in this matter. You describe your partner as controlling and violent and that you tried, unsuccessfully to end the relationship. You state that you obtained a family violence intervention order which allowed you to feel safe, although you note that there have been multiple breaches due to your partner or his associates, threatening you.
46You are the primary carer for your two year old daughter who suffers from a number of developmental delays and is currently supported by the NDIS. Your daughter is reliant on you to take her to a number of medical professionals to address her developmental needs.
47You report you are now in a new relationship and you feel secure and supported by your partner. You are pregnant with your third child, your first with your new partner which is due in September this year.
48You report that your relationship with your half siblings and father has improved in recent years, and you are currently supported by your family and the staff at Winda-Mara. Rebeca Fraser, a Family Preservation Reunification Practitioner from Winda-Mara, states that you have been a proactive and dedicated parent confirming your daughter’s high dependency on you in addressing her developmental needs.
49A psychiatric report of Dr Remy Glowinski dated 20 March 2025 was tendered on the plea. You reported to Dr Glowinski that you experience long term insomnia, poor self esteem and eating problems which, in Dr Glowinski’s opinion, form part of the usual constellation of symptoms in complex Post Traumatic Stress Disorder (PTSD). In particular, your compliance to the demands of your abusive ex-partner demonstrate a pattern of behaviour that has considerable relevance with respect to your decision to drive on the day of the offending. Dr Glowinski opines that it is your PTSD inclusive of a long-established pattern of compliance to aggression, that impacted and clouded your decision making abilities.
50You report that you have had a long term cannabis habit since age 15. You are currently prescribed medicinal cannabis and continue to use recreationally which satisfies the criteria of a cannabis dependence disorder. Dr Glowinski states that you continue to consume cannabis despite your acknowledgement of the harm. It is advised that you should substantially reduce your cannabis consumption noting its impact on PTSD, depression and your current pregnancy.
51Two reports from psychologist Laura Flemming dated 1 November and 11 November 2025 were tendered. Ms Flemming provides a comprehensive summary of your personal and psychological history and conducted psychometric testing. Ms Fleming confirms your PTSD and cannabis use disorder. Unsurprisingly Ms Fleming recommends ongoing psychological support and that you cease all illicit substance use and find alternate coping strategies.
52I was informed this morning that you have engaged with Headspace, having attended on 28 April 2025 and have engaged in drug counselling.
Sentencing considerations
53I first take into account your plea of guilty. The matter was listed for a contested committal however resolved the day prior. In the circumstances your plea has saved the court and the community the time and expense of a trial. Your plea also demonstrates your acceptance of responsibility, bringing the matter to an early conclusion, thereby advancing the course of justice.
54It is submitted that you have also demonstrated genuine remorse which I accept. You were aware soon after the collision that your conduct had resulted in the death of your daughter. You have lived with that grief on a daily basis resulting in flashbacks, nightmares and avoidance behaviours and, while Dr Glowinski is of the opinion that you were likely already labouring under the effects of PTSD before the collision, the death of your daughter has caused a long term aggravation of your symptoms.
55It was submitted on your behalf that Bugmy principles are enlivened as a result of your difficult childhood that involved exposure to violence, substance use and sexual abuse in your younger years. As noted by Ms Fleming, at the time of the offending you were engaged in intervention in relation to the trauma you had suffered from your early adolescence, including your experience of sexual assault. I accept that Bugmy principles can be applied in the general sense thereby reducing your moral culpability to a degree.
56Turning to Verdins principles, Ms Fleming noted that in consideration of your history, and the circumstances leading up to the offending, your emotional dysregulation may have led to a lapse in concentration. While I accept that at the time of the collision you were dealing with a number of psychological issues, I am not satisfied that your psychological profile at the time supports any causal or realistic connection to the offending. I do accept however that if you were to receive a term of imprisonment, given your psychological profile, prison would be a greater burden on you than an average person in normal health, thereby enlivening Verdins principle 5.
57I take into account your relative youth. You were 21 years old at the time of the offending and are currently 23. You have no prior criminal history and you have a complex psychological history and profile. In the circumstances while the offending remains serious, your rehabilitation must still feature prominently in the sentence calculus.
58Turning to your prospects of rehabilitation, as noted you come before the court with no prior criminal history. You have a number of psychological issues to contend with and you are still dependent on cannabis. In that regard I note that you have a subsequent matter whereby you received a traffic infringement notice on 23 December 2023 in relation to offending that occurred on 27 November 2023, where you were intercepted driving a motor vehicle with prescribed concentration of drugs present in your system, which I have been informed was again cannabis. Your licence was suspended for a period of 6 months from that date. However, you have engaged well with support services and have demonstrated your commitment to caring for your young child. You also have another child due in the near future which will also require further responsibility and attention. You are now in a stable and supportive relationship and your partner has supported you in court. In the circumstances, in my view in you continue to engage with the services offered to you, I assess your prospects of rehabilitation as reasonably good.
59General deterrence is the primary sentencing consideration in cases of this nature. You were a young inexperienced driver when the collision occurred. As noted above, being in control of a motor vehicle requires considerable attention, particularly for young inexperienced drivers. At the time you had also consumed cannabis and on your own admission were highly distressed in relation to disputes you were having with your abusive ex partner before you drove, which in the opinion of Dr Glowinski, impacted and clouded your decision making abilities. In these circumstances, your driving required considerable focus. Others in your circumstances must be reminded that such conduct can lead to tragic consequences as it did here, and ultimately, severe sanctions by the courts.
60Submissions were made on your behalf as to whether any of the s 5(2H) Sentencing Act 1991 (‘Sentencing Act’) exceptions can be established, specifically:
·Section 5(2H)(c)(ii): The offender has impaired mental functioning that would result in the offender being subject to substantially and materially greater than the ordinary burden or risks of imprisonment; or
·Section 5(2H)(e): That there are substantial and compelling circumstances that are exceptional and rare that justify not making an order for an immediate term of imprisonment.
61In relation to s 5(2H)(c)(ii), it is well settled that the hurdle set by that exception is higher than that which attracts the principles in Verdins. As to s 5(2H)(e) as was noted by the court in DPP v Lombardo,[5] the phrase ‘substantially compelling circumstances which are exceptional and rare’ refers to circumstances that ‘are wholly outside the ordinary factors typical of the relevant offence, in this case dangerous driving causing death’.
[5] [2022] VSCA 204, [71]-[72].
62The matter was adjourned in order for further psychiatric assessment resulting in the two reports of Dr Glowinski. While the reports have been of assistance in providing clarity in relation to your psychological profile, in my view the evidence does not support the s 5(2H)(c)(ii) exception.
63Turning to the s 5(2H)(e) exception, a combination of factors were relied on including: your history of impaired mental functioning and PTSD, your youth, your efforts towards rehabilitation, your low risk of reoffending, the fact that you are the primary carer of your daughter who suffers developmental issues, that you are pregnant with your third child and importantly, the devastating impact of you living with the fact that your conduct resulted in the death of your child.
64In my view the combination of these matters does enliven the exception in s 5(2H)(e) thereby allowing for the consideration of a community correction order. I had you assessed for an order and you have been found suitable. In all the circumstances, in my view a community correction order is able to meet the relevant and applicable sentencing considerations in this instance. However, the order I impose will be onerous and contain punitive and therapeutic special conditions.
Sentence
65Ms Tripp, would you please stand.
66Stefanie Tripp On Charge 1, dangerous driving causing death, you are convicted and will be placed on a community correction order for a period of 3 years. In addition to the standard conditions, you will be required to complete 250 hours of unpaid community work, you will be required to undergo treatment and rehabilitation in relation to drug use, your mental health and programs to reduce the risk of reoffending. You will also be subject to supervision for the period of the order.
67Pursuant to s 48CA of the Sentencing Act, I direct that all of the hours that you satisfactorily complete pursuant to the treatment and rehabilitation conditions, may be credited as hours of unpaid community work.
68Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 20 months imprisonment with a non parole period of 14 months.
69Pursuant to s 89(2) of the Sentencing Act, as the charge is a serious motor vehicle offence, any driver licence you hold is cancelled, and you are disqualified from obtaining a further one for a period of 18 months from today.
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