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Newcastle Herald
Newcastle Herald
National
Madeline Link

'Those words crush you': drunk driver sentenced for manslaughter

Ann Sainsbury speaks outside Newcastle courthouse

"When my 10-year-old grandson asks me, 'Did nan hurt when she died?' those words crush you inside. It's something you never get over."

Offender Christopher Carne sat with his head in his hands as the victim impact statements of Jacqueline Sainsbury's partner Gordon Bell and daughters were read in Newcastle District Court on Friday.

Ms Sainsbury was killed while parked in a lay-by on Pindimar Road on October 4, 2021, when a drunk Carne slammed into her near Port Stephens just before 11:30am.

Her phone was suddenly disconnected, on the other end of the line was her youngest daughter Kim Smith.

"Our last conversation to this day plays over and over in my head," she said.

"I would give anything to hear my mum say, 'I love you baby'. I will never forget, nor erase our last phone call, hearing my mum talk and laugh.

"The day my mother died not only changed my life, my children's lives but everyone who had the privilege of knowing and loving my mother."

Jackie Sainsbury's daughter Kim Smith outside Newcastle courthouse. Picture by Peter Lorimer
Jackie Sainsbury's daughter Ann Sainsbury outside Newcastle courthouse. Picture by Peter Lorimer
Jackie Sainsbury's daughter Ann Sainsbury outside Newcastle courthouse. Picture by Peter Lorimer
Jackie Sainsbury's daughter Kim Smith outside Newcastle courthouse. Picture by Peter Lorimer
Jackie Sainsbury's family members outside Newcastle courthouse. Picture by Peter Lorimer
Jackie Sainsbury's daughter Ann Sainsbury outside Newcastle courthouse. Picture by Peter Lorimer

Carne, 48, was sentenced to six years and nine months in prison for manslaughter with a non-parole period of four years.

Judge Roy Ellis told the court Carne had displayed a "gross abandonment" of moral responsibility.

Testing showed Carne had a blood alcohol level of 0.197 and had cannabis in his system.

"Obviously punishment is necessary, but no sentence this court imposes can bring back Jackie Sainsbury," he said.

"Nothing I do today can alleviate the impact that her loss had on the various members of her family, other than at least provide some closure and allow them to move forward with appropriate treatment and counselling to endeavour to deal with their loss as best they can in the future."

The defence argued Carne had turned to drinking as the result of a "notable decline" accelerated by the breakdown of his marriage, COVID-19 and long-standing mental illness.

His solicitor argued Carne was travelling on a quieter, coastal country road in good conditions the day of the crash, putting less people at risk.

The court heard Carne had left his home on October 4, 2021 in search of water, after a "heavy night" of drinking followed by five glasses of red wine that morning.

Jackie Sainsbury was 64 years old when she was killed in a crash caused by Christopher James Carne. Picture supplied with permission from her family

At the time of the collision his car was travelling between 145 and 149kmph, according to police evidence.

Outside court, Ms Sainsbury's eldest daughter Ann told the Newcastle Herald she thought Carne should have gotten longer and that he should lose his licence for life.

"I don't know how this guy can get away with drink-driving and only get six years," she said.

"He wouldn't even look at us, he kept his head down every step of the way.

"He should have looked at us and said, 'I am sorry, I'm sorry for taking your mum's life' - he never did."

She said she felt the legislation needed to be changed.

Jackie Sainsbury (centre) with her family. Picture supplied with permission from her family.

According to police, Ms Sainsbury had stopped her Nissan Dualis on the shoulder of Pindimar Road to call her daughter when Carne's car swerved out of control on October 4 - smashing into her car head on and forcing it into a nearby paddock where it collided with a tree.

A couple driving southbound at the time had seen Carne swerving onto the wrong side of the road and back moments before the crash.

A motorbike rider who saw the crash called Triple Zero, telling police at the scene "She's dead. He just f****** hit her ...".

When officers approached Carne's car he was confused, with multiple injuries. He was flown to John Hunter Hospital in a serious condition.

A blood sample taken at the hospital revealed he had enough alcohol in his system "to the extent his ability to drive would have been substantially impaired".

Carne will be eligible for release in October 2026 and his licence will be disqualified for three years once he is out of prison.

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