Kelly T'Hart
A drunk driver who left a woman to die has been sentenced to almost five years behind bars for the incident which prompted a change of Western Australia‘s laws.
Kelly T’Hart was described as the rock of her family but the 32-year-old’s life was cut short almost two years ago when she was hit and killed while walking near Mandurah, about 70 kilometres south of Perth.

Maddison Bain, already on bail, was driving along a dark stretch of Furnissdale Road, where the default speed limit is set at 110 km/h.

Kelly T'Hart
Kelly T’Hart was described as the rock of her family but the 32-year-old’s life was cut short almost two years ago (9News)

Subsequent tests revealed her blood alcohol content soared to nearly four times the legal limit.

From the back seat, a passenger accompanied by a three-month-old baby urged Bain to drive more cautiously, exclaiming, “F— Maddie, you just hit someone.”

Despite the warning, the 27-year-old continued her journey home, leaving the victim, T’Hart, to perish face down in the dirt.

This tragic event spurred T’Hart’s family to campaign for legislative changes that would prevent hit-and-run drivers from regaining their driving privileges while out on bail.

Maddison Bain
Maddison Bain was on bail and behind the wheel, driving on the unlit Furnissdale road with a default speed limit of 110km/h. (9News)

“Don’t drink and drive; it’s easy to call an Uber or get a lift from a friend or family member,” said Susan T’Hart, the victim’s mother, speaking outside the courthouse today.

“Don’t do this to other people and kill someone they love.”

Bain wiped tears from her eyes as the victim’s mother read her statement but she showed a lot more emotion when her own children were discussed.

The court heard she’d fallen pregnant while waiting for her case to be dealt with.

Kelly T'Hart's mum Susan T'Hart
T’Hart’s mum Susan T’Hart (pictured) successfully lobbied for the Traffic Act to be changed after Bain was allowed to continue driving while on bail. (9News)

Bain was sentenced today to four years and 11 months in jail and also banned from driving for three and half years.

T’Hart’s mum successfully lobbied for the Traffic Act to be changed after Bain was allowed to continue driving while on bail.

A bill known as Kelly’s Law is now before Parliament.

Where Kelly T'Hart was hit
Bain was sentenced today to four years and 11 months in jail and also banned from driving for three and half years. (9News)

“She’d be super proud like we all are,” family friend Denyse Needham said outside court.

“It’s a wonderful legacy for such a beautiful girl.”

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