The family of 12-year-old Marshall Oakley-Stagg, who tragically lost his life after being struck by a vehicle, expressed deep disappointment following the sentencing of the driver involved. On April 5, 2024, Marshall was walking with friends along a footpath outside Cosgrove High School in Hobart’s northern suburbs when he was hit by a blue Isuzu driven by Elena Anita Begovic, aged 51. The incident occurred as Begovic was pulling out onto the main road and failed to notice Marshall, who had turned his head as they approached a lane.
Begovic appeared in court on Tuesday, where she received a four-month suspended jail sentence after pleading guilty to causing death by negligent driving. This sentence is conditional on her not committing any serious crimes over the next two years. Magistrate Robert Webster emphasized that Begovic did not maintain a proper lookout and did not check for oncoming pedestrians as she exited the school area.
Marshall’s mother, Karina Stagg, voiced her family’s anguish outside the courtroom. “There needs to be a change to our laws and our justice system to do with crimes involving vehicles,” she stated. “There is no justice for our family. It’s a kick in the guts.” Stagg described her son as a vibrant and caring individual who always looked out for his friends.
CCTV footage revealed that Begovic did not slow down as she approached the school fence line. Although Magistrate Webster noted her negligence was not at the highest level, he highlighted the severe consequences of her actions. He pointed out that Begovic was aware of the bushes on the left that created a blind spot and recognized the busy nature of the area during school pick-up times. According to Webster, a “much higher degree of care and vigilance” was expected given her familiarity with the location.
The magistrate also acknowledged that there were “no winners” in this case and that no punishment could adequately address the loss felt by Marshall’s family. Begovic, who works as a teachers’ assistant, has reportedly experienced post-traumatic stress disorder and significant anxiety since the incident, leading her to alter her work hours to avoid driving during peak school times.
In addition to the suspended sentence, Begovic was disqualified from driving for 12 months and ordered to pay a total of $1,060 in fines and court fees. She also pleaded guilty to contravening vehicle standards related to indicator lights, parking lights, and tyre tread, although Webster confirmed that these violations did not contribute to the accident.
