SA mother spared jail for 6yo daughter's death in car crash

A mother who got lost on the way to church before failing to give way at an intersection – causing a crash which killed her own child – will not be sent to prison, a court has heard.

Zubeda Habonimana, 43, was driving a white van which struck a ute at the intersection of King and Penfield roads, at Virginia in Adelaide's northern suburbs, on October 5 last year.

Her six-year-old daughter Benita Ntihebuwayo suffered catastrophic injuries and died five days after the crash, while two of her other children and the driver of the ute were injured.

Father tells court children need their mother

In victim impact statements read in South Australia's District Court today, Benita's father Jason Birgirmana described the lasting impact of the loss of his daughter, but asked the court not to send his former partner to jail.

"Losing our baby was an extremely painful experience for all of us and the impact of this tragedy continues to affect our lives,"

he said.

Mr Birgirmana said their other children "continue to need their mother's love, care, guidance and support", particularly while coping with the loss of their sibling.

"I am capable of looking after my children, and I am a good father, but I also understand the important role and connection my children have with their mother, which can look different to what I can provide my children," he said.

The driver of the ute, Jason Pateman, told the court his life had "been in complete turmoil" since the crash, and that he continued to grapple with the life-changing impacts of a severe concussion.

He had been driving to Bunnings with his four-year-old daughter when they were struck.

"The sound of my daughter screaming in the car will haunt me every single day," he said.

He said while his daughter's injuries were not physical, the impact on her wellbeing had been "huge".

He said he could not forgive Habonimana, but did not wish her any harm.

"I spent weeks crying over the loss of your child. I know, it wasn't my fault, we were simply in the wrong place at the wrong time, but as a parent, it destroyed me emotionally,"

he said.

"I don’t want you in prison as I don't want your family to suffer further, but I do believe you should never be allowed to operate a motor vehicle again.

"The day your child passed away, you gave yourself a life sentence. No further punishment would be comparable."

His wife Tamika Pateman also detailed the lasting impacts on their daughter form being exposed to a "violent and chaotic scene".

"Things that used to be completely ordinary are now frightening to her," she said.

Habonimana previously pleaded guilty to one count of causing death and three counts of causing harm by dangerous driving.

Mother became lost on way to church

The mother of seven's defence counsel Andrew Ey said the punishment his client had suffered was "immeasurable".

"She has agonised over this, but she can't explain her gross inattention," he said.

"They missed their normal turn off, such that she was attempting to get back to her normal route to get back to the church and it's in that context that she came to be on this road – disoriented and somewhat lost," he said.

He said his client, who had since moved to Murray Bridge, had penned a letter of apology but it was not read aloud.

Mr Ey described the intersection as "notoriously dangerous" and noted a 53-year-old man had died in an unrelated crash at the same intersection earlier this month.

Prosecutor Marie Rocca said the force of impact involved in the crash was evident from the "crumpled bonnet of the ute" and the "collapsed passenger side doors" of Habonimana’s van.

She said a term of imprisonment was the only appropriate penalty for the offending, but was not opposed to it being suspended.

At the conclusion of the hearing, Judge Joana Fuller spoke directly to Habonimana, and said she would not be sending her to prison when she returns to court to be sentenced next month.

"I can tell you now that I will not be imposing a sentence that requires you to go to jail," she said.

"I don’t know what the sentence is that I will impose but I will not be separating you from your children and making you go to jail."