Dow, Audrey Anne
Deceased
Audrey Anne Dow
Demographics
81y, female
Date of death
2013-07-31
Finding date
2015-03-06
Cause of death
Multiple injuries due to motor vehicle trauma from collision
AI-generated summary
Audrey Dow, aged 81, died from injuries sustained in a motor vehicle collision on 31 July 2013 on Mulherin Drive, Mackay, Queensland. The at-fault driver, Aaron Kite, was a disqualified driver (court-ordered ban in force) who was driving inattentively while using a mobile telephone and attempting to fasten his seatbelt. He crossed double continuous centre lines and collided head-on with Mrs Dow's vehicle. The coroner found the accident was entirely preventable had Kite obeyed the court order prohibiting him from driving. Critical clinical/forensic findings included seatbelt evidence (friction burn mark indicating incomplete deployment at time of impact) and call records showing mobile phone use immediately before the collision. The coroner highlighted a significant legislative gap in Queensland law: there is no mid-range driving offence between 'driving without due care and attention' and 'dangerous driving causing death', creating inadequate penalties for serious harm caused by disqualified drivers. Recommendation: referral to the Attorney General to consider a new mid-range offence with circumstances of aggravation for unlicensed/suspended/disqualified drivers causing death or grievous bodily harm.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Contributing factors
- Driver inattention (mobile telephone use)
- Driver inattention (attempting to fasten seatbelt)
- Disqualified driver operating vehicle in breach of court order
- Seatbelt not fully fastened at time of impact
Coroner's recommendations
- Referral to the Attorney General to consider introducing a new mid-range driving offence between Criminal Code s.328A (dangerous driving) and TORUM s.83 (driving without due care and attention)
- Consider adding circumstances of aggravation for offences under TORUM s.83 where the offending driver causes death or grievous bodily harm and was driving whilst unlicensed, suspended, or disqualified
- Consider whether any new mid-range offence should be legislated in the Criminal Code to allow it as an alternate charge for juries when dangerous driving is charged
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