A Horsley woman convicted of negligent driving over the death of a young child in a buggy accident has had her sentence downgraded on appeal.
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Kandice Eljamal, 32, was behind the wheel of an unregistered Polaris Ranger 4x4 travelling along Calderwood Road with three child passengers onboard in February last year when she lost control of the vehicle approximately 10 seconds after crossing a cattle grid on the roadway.
The vehicle swerved right and Eljamal steered sharply to the left in an attempted to bring the vehicle back onto the roadway, but the oversteering caused the buggy to roll onto its right side, before then completely rolling over.
Neither Eljamal or the three children were wearing seatbelts installed in the buggy and all were thrown from the vehicle.
The buggy rolled onto one of the children, leaving them with critical head and chest injuries. The child was flown to Sydney Children's Hospital but died two days later. The other children were treated for minor injuries, as was Eljamal.
Eljamal was charged with negligent driving occasioning death, to which she subsequently pleaded guilty.
During a sentencing hearing in Wollongong Local Court last month, Eljamal said she had been an "emotional wreck" ever since the accident and suffered ongoing psychological trauma from what had occurred.
Magistrate Michael Love spared Eljamal full-time jail at the time, instead handing her a nine-month intensive corrections order, which is a prison sentence to be served in the community.
However, Eljamal lodged an appeal against the sentence, claiming it was too severe.
In Wollongong District Court on Friday, defence lawyer Graeme Morrison said Eljamal's crime had not crossed the threshold to warrant a jail penalty and argued for a sentence akin to a good-behaviour bond.
Judge Andrew Haesler accepted Mr Morrison's submissions and agreed to downgrade Eljamal's sentence to an 18-month community corrections order.
"She'll carry as a personal [penalty] what she's done for the rest of her life," he said.
"I accept her remorse and contrition is genuine."
As part of the order, Eljamal will be required to perform 100 hours of unpaid community work.