A NSW woman who was drunk when she capsized a kayak, causing a four-year-old girl to drown, has been jailed for at least 18 months.
Newcastle District Court judge Peter McGrath on Friday said Tamarah Eaton was a chronic alcoholic who drank a bottle of vodka hours before taking the young girl and a dog out in a one-man kayak to go fishing.
When the kayak capsized at Port Stephens, north of Newcastle, in June 2021, it was estimated Eaton had a blood alcohol level of 0.297, almost six times the legal limit.
Judge McGrath said Eaton had just days before the tragic incident been hospitalised with an acute liver condition caused by her alcoholism.
The 36-year-old mother of three had also been convicted of high range drink driving and placed on a 10-month intensive corrections order four months before the kayak overturned.
Eaton was jailed on Friday for 30 months, with a minimum of 18 months, after pleading guilty to aggravated culpable navigation causing the four-year-old girl's death, on the Karuah River off Mallabula Point on June 1 last year.
Judge McGrath said Eaton drank the bottle of vodka in the early hours of the day before her sister called at about 9am to arrange a fishing trip.
Another friend, a cousin of the four-year-old who was looking after the young girl, agreed to come along.
The group took three kayaks with them before Eaton offered to take the young girl, who she had never previously met, and the dog with her in the largest kayak.
The girl and the dog were in the front of the kayak as Eaton paddled out.
They had a fishing rod, tackle box and Eaton's handbag in which she was carrying a green Tupperware bottle containing vodka.
Eaton did not think they needed life jackets, which is mandatory for anyone in a kayak, as the weather was fine and the water was a shallow 1.5 metres.
The rest of the group decided to fish from the shore as Eaton paddled along near them.
About 12.45pm, the group decided to get some lunch but were texting Eaton.
Eaton sent a text about 1.08pm saying they were still trying to catch a fish and she sent a photo of the girl wearing sunglasses and smiling.
A friend called Eaton at 1.20pm who said she was on her way back and they were five minutes away.
The friend overheard the girl saying something about trying to find Moana, the Disney movie character, in the water.
When the friend called back 15 minutes later, the girl answered and said they were stuck on an oyster bed, but she and Eaton did not sound distressed.
Judge McGrath said at some stage between 1.36pm and 1.58pm, Eaton caused the kayak to capsize and they all fell in the water.
The child, who could not swim, and the dog drowned, but Eaton managed to swim to shore.
It was about 2pm when one of the group found Eaton lying on her back before she opened her eyes but could not respond when asked where the girl was.
The child was spotted a few minutes later lying facedown in the water about 50m from shore.
Eaton was by this stage hysterical and crying and asking what had happened to the young girl, not knowing she had been pulled from the water.
Eaton, who suffered cuts to her hands, arms, legs and feet, later told police she had no memory of what happened except for pushing the kayak into the water and then seeing the lights of a rescue helicopter.
The girl's mother told the court in an emotional victim impact statement how Eaton had caused her and her husband to "carry hate in our hearts".
"What we cannot do is forgive or forget," she said.
Judge McGrath said despite Eaton's mental health issues and her alcohol addiction, she had to be jailed for causing the child's death.
