Posted: 2024-05-10 04:16:31

A Melbourne driver who fled the scene after hitting a woman boarding a tram and later blamed the crash on her Tesla's autopilot feature has been jailed.

Sakshi Agrawal was sentenced to nine months behind bars over the 2022 crash, in which she hit nurse Nicole Lagos, who had stepped onto the road to board a tram on Wattletree Road in Armadale, in Melbourne's inner south-east.

Agrawal had spent two years fighting the dangerous driving charges, falsely claiming she was using her car's autopilot at the time of the crash, before entering a guilty plea last month.

Judge Peter Rozen said Agrawal's actions could not be taken as simply inattention and he was satisfied she knew the risks.

"You made a conscious decision … to undertake a dangerous manoeuvre on the road," he said. 

A woman wearing a grey jumper with her hands behind her back standing next to a police officer.

Sakshi Agrawal claimed her Tesla was on autopilot when she struck a woman trying to board a tram. (ABC News)

In making his decision, Judge Rozen referenced the victim impact statement from Ms Lagos, who said she was now "haunted by an ever-present uncertainty she cannot fulfil her professional, social and romantic aspirations".

The County Court of Victoria heard Ms Lagos spent weeks in hospital and rehabilitation after the crash and has permanent brain damage.

Agrawal's nine-month sentence is the combination of dangerous driving causing serious injury and failing to stop after a motor vehicle accident charges.

The maximum penalties are five and 10 years respectively.

Agrawal didn't show 'common decency,' judge says

Agrawal spent two years maintaining her innocence, blaming the crash on Tesla's autopilot feature and told police Ms Lagos "jumped in front of the car".

But crash analysis showed Agrawal did not slow down before hitting Ms Lagos and the police investigation revealed just 30 seconds before the incident, autopilot was not turned on.

A tram stopped on its tracks with orange cones on the road as police stand around investigating the scene.

Nicole Lagos was crossing the road to board a tram in Armadale when she was hit by Sakshi Agrawal.(ABC News)

Police said after hitting Ms Lagos, Agrawal sped up to nearly 80 kilometres per hour after hitting Ms Lagos, fleeing the scene.

Agrawal didn't return to the scene for two hours, choosing instead to contact her partner, return home, drink a glass of water and change clothes.

"You did not stop to assist as required by law and common decency," Judge Rozen said.

"I cannot be satisfied that you left the scene to protect yourself … I accept your counsel's submission that you panicked."

In an earlier hearing, Agrawal's lawyer Nicholas Papas, KC, conceded his client had lied to officers about using the autopilot feature in an attempt to "rationalise her own conduct".

"[She was] trying to explain the inexplicable and how she could do such a thing," Mr Papas said. 

In Victoria, road laws dictate motorists must stay behind a tram when it's slowing down to let passengers board and disembark.

Drivers are only allowed to overtake a tram once the doors are closed, and pedestrians have cleared the road.

'Excellent' prospects of rehabilitation for driver

In delivering his sentence, Judge Rozen said Agrawal was genuinely remorseful and not at risk of reoffending.

"You were 23 at the time of the offending, you have your entire adult life ahead of you," he said.

"Your prospects of rehabilitation are excellent."

Judge Rozen added that dangerous driving cases of this nature — young drivers without a criminal record — were unfortunately common.

"A message must be sent by the courts, particularly for young drivers," he said.

"The tragic reality is this court sees far too many cases just like this one."

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