During her sentencing on Friday, the court was told Kemp carried on drinking with friends at various venues while Phan was “ramped” at Royal Perth Hospital because an initial assessment of his injuries reported they were minor.
He was later prioritised for emergency surgery but died the next morning.
Kemp was arrested and charged with dangerous driving occasioning death under the influence of alcohol.
On Friday, the court was told she had expressed “an extreme level of remorse” over Phan’s death and had been unable to watch CCTV footage of the crash because she found it too confronting.
Kemp was a psychology and criminology graduate who had spent part of her travels volunteering at an animal shelter in the Philippines.
The incident thrust e-scooters into the spotlight and spawned a parliamentary inquiry into their safety.
Alicia Kemp had been on a gap year when she struck and killed a pedestrian while riding an e-scooter drunk in Perth’s CBD.Credit: TikTok
The report, which was tabled earlier this month, found injuries involving e-rideables were now a daily occurrence, with Royal Perth Hospital’s trauma unit admitting at least one seriously injured rider every day.
The committee issued 33 recommendations and warned there was “an urgent need for state regulatory reform which cannot wait for the establishment of a national framework”.
On Friday, sentencing Judge Wendy Hughes said “we’re still trying to grapple with the dangers of an e-scooter” as prosecutors pushed for jail time that would “send a clear message to the community”.
Phan’s wife wrote a heartbreaking victim impact statement that prosecutors read to the court, explaining the deep impact her husband’s death had had on their family.
She told the court their two adult sons were both autistic, one so severely that he was unable to live independently and did not understand that his father was not coming back.
“He was a deeply devoted father,” Phan’s wife wrote.
“My husband had a profound and irreplaceable effect on our children. I live in constant fear about what will happen to them.
“I have lost the person who was my partner. We raised our children together. I now carry the full weight alone, as a mother, carer … while still grieving the love of my life.”
Hughes told Kemp she was “a cautionary tale”.
“E-scooters are not toys,” she said.
“It was not an accident. You are responsible for the death of a good man.”
Kemp was jailed for four years with eligibility for parole and disqualified from holding a driver’s licence for two years.
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