The family of a 12-year-old boy who died after being hit by a car outside his school have told a Hobart courtroom of their continued grief as a woman pleads guilty to causing his death.
Elena Anita Begovic, 51, pleaded guilty to one count of causing the death of another person by negligent driving in Hobart Magistrates Court on Friday afternoon.
Marshall Oakley-Stagg was eight weeks into his high school journey when he was hit by a car Begovic was driving outside Cosgrove High School in Glenorchy, a northern suburb of Hobart, on April 5, 2024.
Marshall died at the scene.
The magistrate’s summary of the Crown’s case was that Begovic did not keep a proper lookout when driving near the school and should have seen Marshall on the left-hand side of the car.
Boy, 12, dies after being hit by car
The prosecution told the court that Begovic was focused on finding a break in heavy traffic and should have taken care to look left to ensure her path was clear.
Begovic’s defence lawyer Pip Monk said Begovic accepted that she must not have looked left to check for oncoming pedestrians and instead looked right to find a gap in the traffic.
In court this afternoon seven victim impact statements were read aloud.
Marshall died after being hit outside of the school he had been excited to begin attending. (ABC News: Kate Nickels)
Marshall’s mother, Karina Stagg, told the court her son had counted down the days to starting high school.
“Marshall was our world — losing him has destroyed our lives,” Ms Stagg said.
“He had so much potential to go far in life.
“I am no longer the person I was before losing Marshall … a part of me died with [him] that day.
“His absence has left an unfillable void for my family.”
Seven victim impact statements were read in the courtroom after Begovic’s guilty plea. (ABC News: Maren Preuss)
The prosecutor read out a statement on behalf of Marshall’s father, Daniel Oakley, which spoke of Marshall dying just as he was entering the most important time of his life.
“Since losing Marshall, I have not been the same person,” Mr Oakley said in the statement read to the court.
Marshall’s sister, Makaya Nuttall-Stagg, said in her statement that she wanted the world to remember her brother as bright and caring.
“His death has changed everything — my sense of safety, my happiness,” she said, reading the statement to the court.
But she said she would “carry him in my heart and continue to honour him”.
Marshall’s brother, Oliver Stagg, said in his statement said that he felt as though a big part of his world was gone.
“I love him so much and would do anything to get him back,” the statement said.
Three of Marshall’s grandparents also read out statements.
Sentencing to come
Following the victim impact statements, Ms Monk told the court that Begovic would never be able to express how sorry she was and that she would always live with the consequences of her actions, but acknowledged her emotions were not on par with those of Marshall’s family.
Ms Monk said Begovic had intended to plead guilty from the outset in order to resolve the matter as quickly as possible.
Begovic’s lawyer told the court that she accepted that she must have failed to check for oncoming pedestrians. (ABC News)
The magistrate said he needed time to consider the victim impact statements and the submissions.
Begovic also pleaded guilty to one count each of a vehicle in contravention of vehicle standards regarding indicator lights, parking light requirements and requirements for tyre tread.
The Crown said those contraventions did not impact the incident.
The case will return to court for sentencing on December 9.
