A British backpacker who struck and killed a pedestrian while riding an e-scooter drunk in central Perth has been sentenced to four years in prison.
Alicia Kemp, 25, was on a working holiday visa when she collided with 51-year-old Thanh Phan on a busy footpath in May.
Phan, a structural engineer and father of two autistic adult sons, suffered catastrophic head injuries and died in hospital soon after. A friend riding as Kemp’s passenger was also seriously hurt.
The District Court in Perth heard that Kemp had spent two hours drinking with colleagues as part of an all-you-can-drink event, and later continued bar-hopping until she was refused entry to two venues because of her intoxication, according to the Australian Broadcasting Corporation.
Kemp had hired a rented e-scooter on Murray Street and, with her friend on the back, was seen on CCTV weaving through pedestrians at around 20–25kmph – close to the device’s maximum speed.
Prosecutors said Kemp’s blood-alcohol reading was more than three times the legal limit of 0.05, and that Phan had no opportunity to react before being struck from behind.
Judge Wendy Hughes said the crash “was not an accident”, telling the defendant: “You, Miss Kemp, are the cautionary tale … You were responsible for the death of a good man, and I accept you understand.”
The court was told Kemp briefly continued drinking after the crash because she believed the injuries involved were minor – something Judge Hughes said was neither “cold” nor “callous” in the circumstances, as the extent of the victim’s injuries were not known at the time. But Phan’s condition deteriorated rapidly, and emergency surgery could not save him.
In a victim impact statement read to the court, Phan’s wife, Loan Lee, wrote that her husband had been the “backbone” of their family, supporting two sons with high care needs. She said they had been left “vulnerable” and “uncertain”, adding: “The pain of watching someone wait for someone who will never return is indescribable.”
Kemp, who had graduated in psychology and criminology and previously volunteered in the Philippines, wept as the statement was read. Her defence lawyer, Michael Tudori, said she came from a “good family” and had shown “an extreme level of remorse”, unable to bring herself to watch footage of the collision, reported the Sydney Morning Herald.
The case has intensified scrutiny of e-scooter regulation in Western Australia, where riders must be over 16, wear helmets, ride sober and carry no passengers.
Phan’s death prompted the City of Perth to suspend its hire scheme, with other councils following. A subsequent parliamentary inquiry warned of an “urgent need” for state reform after finding that serious e-rideable injuries had become a daily occurrence at Perth’s main trauma hospital.
Kemp’s sentence has been backdated to 1 June. She will be eligible for parole after serving two years and is disqualified from driving for the same period.
