Key Points
- Alisha Fagan has been jailed for six months for killing 69-year-old grandfather Sedat Hassan in June last year.
- Her newborn baby has been taken into custody as well.
- Judge Johns said Fagan, a suspended learner driver, had an appalling driving record.
A woman who killed a grandfather in a crash and then tried to blame a group of African men is headed back to prison with her newborn baby to join her.
Alisha Fagan was jailed for at least six months on Thursday after killing a beloved grandfather in a horror crash in June last year.
The 22-year-old's case faced delays in the Victorian County Koori Court while Judge Scott Johns questioned what options were available for her to give birth in jail, or have her child with her in custody.
Thursday's sentence had been put off until after she gave birth in July.
Her daughter was in the courtroom as she was sentenced to a total of two-and-a-half years behind bars after she pleaded guilty to driving and bail offences.
Fagan was on four sets of bail for driving offences when she hit and killed 69-year-old grandfather Sedat Hassan on 9 June 2022.
Judge Johns said Fagan, a suspended learner driver, had an appalling driving record before the fatal smash and a history of driving at outrageous speeds.
She had been drinking and was driving 28km/h over the speed limit in a residential street when she failed to give way at an intersection, ploughing into Hassan's car.
Fagan waited for police but gave them a fake name and claimed four African men she didn't know had been in the car with her and one of them was the driver.
Judge Johns said the depth of the grief of Hassan's family could not be put into words.
Kadir Hassan said outside court that the stress and pain of losing his father caused a lot of stress and pain, but they were relieved the court process was over and they can now try to move on.
"He's never going to be forgotten," he said.
Judge Johns said Fagan's lifestyle before the crash was erratic and she had taught herself to drive because there was no one else.
He said she struggled with anxiety and accepted the 76 days she spent in custody before being bailed last year were "terrifying and traumatic".
A medical expert said Fagan had a deep desire to be a loving provider for her child and wanted to keep her baby with her in custody.
The judge accepted that she had been under stress about what would happen to her child, and noted removal of children from Indigenous parents was an ongoing issue and trauma.
Her application to participate in Corrections Victoria Living With Mum program, which allowed women to maintain their bond with their children in custody, was approved.
Fagan previously read a letter of apology to Hassan's family, saying she took full responsibility for her actions as a severe alcoholic with no impulse control and no understanding of consequences.
"Please know that who I was then and who I am now are not the same person," she said.
Fagan's licence was also cancelled for two years. With time served she'll be eligible for parole later this year.
