A man who used his car as a weapon to terrorise a Tasmanian mum before fatally running her down has been sentenced to 13 years in prison.
James Kenneth Austin, 40, pleaded guilty to killing Jacqui Purton on March 13, 2023, after driving his vehicle directly at her on the driveway of a rural property near Hobart.
Some details in this story may be distressing.
The Supreme Court heard Austin had a history of chasing Purton with his car whenever she tried to leave following arguments.
Justice Michael Brett called the crime, one of the most serious cases of manslaughter by negligence he could imagine, a “serious example of family violence” that showed “complete disregard” for Purton’s life and safety.
“You drove directly at the deceased for the purpose of scaring her and it was clearly foreseeable that if she did not move out of the way, there was a grave risk to the point of certainty that you would run her over and that is what in fact happened,” Justice Brett said.
The court heard the couple had been in an on-and-off relationship since 2019, during which Austin was described as “controlling” and “violent”.
At the time of the incident, Austin was bound by a family violence order meant to protect Purton from abuse.
On multiple occasions when she tried to leave, Austin would chase her down the 500-metre driveway at speed, forcing her to jump into bushes to avoid being hit.
She would be left with marks on her body and prickles on her clothing.
In the early hours of the night she died, an argument began after a man called Purton’s phone.
She attempted to leave, calling a taxi and later trying unsuccessfully to contact police between 2:47am and 3:01am.
When she walked down the driveway again, Austin followed in his car. Travelling at 20-30km/h, Austin’s vehicle struck Purton’s left knee before she was dragged under the car for its entire length.
She suffered fatal injuries to her chest and abdomen, multiple fractures to her pelvis, a broken leg and a damaged foot.
Justice Brett said Austin did not brake despite seeing Purton in front of him, with no tyre marks found on the road surface.
He then left her under the car and returned to the house. When police called looking for her, he lied, claiming she had got a ride home and would “be fine”.
“If her breathing was indeed existent but shallow when you checked her, then she was alive at this point and clearly you left her to die as she lay on the driveway under or near the car,” Justice Brett said.
Austin later called an ambulance, pretending someone else had been behind the wheel.
He moved Purton’s body into his car, asked his father to drive it to meet paramedics, then cleaned himself up, changed his clothes and went to bed.
“Your actions were cold blooded, callous and selfish, to an extent which is difficult to describe in words,” the judge said.
Purton’s death has had a “devastating impact” on her family. Victim impact statements from her mother, sisters and four children described the lasting grief they continue to endure.
“The grief, shock and devastation each continues to experience is described in eloquent detail on those statements and it is obvious that their grief has not abated to any significant extent with time,” Justice Brett said.
“Nor I suspect will these proceedings and your resultant punishment bring them any real solace.”
Purton’s family is now calling for “Jacqui’s Law”, which would ensure that if someone is killed by a motor vehicle driven by a current or former partner, the offender is prosecuted for murder rather than manslaughter.
Austin must serve at least eight years behind bars before he is eligible for parole. He was also disqualified from driving for 10 years after his release and his vehicle was forfeited to the state.
Justice Brett noted that without Austin’s guilty plea, he would have handed down a 16-year sentence.
The crime has been recorded as a family violence offence on Austin’s criminal record.
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