WA mother Stacey Cunningham found guilty of careless driving causing death of two children, spared jail time

Australia Broadcast Center

23-04-2025

A West Australian mother has been found guilty, but avoided jail time,
over a crash that killed her daughter and stepson almost five years ago.
Stacey Leigh Cunningham, 35, drove through a give-way sign and was hit by an oncoming vehicle at an intersection near Greenough, about 400 kilometres north of Perth, on the WA Day long weekend in June 2020.
Her daughter Harmonie Cunningham, 10, and seven-year-old Nate Stewart were killed in the crash.
Stacey Cunningham has been found guilty of careless driving causing death.
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ABC News: Hugh Sando
)
Cunningham went on trial in 2023 after pleading not guilty to careless driving causing death.
She had also pleaded not guilty to a third charge of careless driving causing serious injuries to 31-year-old family friend Cameron Byfield, who was sitting in the back seat with the children.
'A horrible mistake'
Magistrate Sandra De Maio said while there was evidence the intersection was challenging, Cunningham failed to see a warning sign and a give-way sign.
She described the scene as "harrowing to those who came to assist".
The magistrate said Cunningham was not paying the due care and attention that was required.
Harmonie Cunningham, 10, and Nate Stewart, 7, were killed in the crash near Geraldton in June 2020.
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Supplied: Ashlee Cunningham
)
Cunningham had conceded during her police interview at the crash scene, that she was distracted by her GPS.
During her sentencing remarks, Magistrate De Maio stressed that she did not want Cunningham to think she was a bad person.
"I want to stress I think you're a good person. You'll always be a good person. You made a horrible mistake."
She said the culpability was quite high because she had passengers who expected Cunningham to keep them safe.
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There are other parents affected by this who trusted you with their children.
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Magistrate De Maio said Cunningham had displayed genuine remorse and she could see that was deeply affected by the loss of the children.
The decision was delayed for various reasons and on Wednesday Magistrate De Maio found Cunningham guilty of all three charges.
She was handed a 12-month suspended jail sentence and had her licence disqualified for six months.
The crash happened in a relatively rural area south-east of Geraldton.
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ABC News
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The 35-year-old could be heard sobbing quietly as the magistrate revealed her decision, while her family members in court displayed shock and sadness.
Mother speaks
Outside court, Nate Stewart's mother Amy Scott said she didn't take any joy from the outcome.
"But I do feel it acknowledges that the lives of two innocent children mattered and that their loss was preventable," she said.
"I ask that we remember Nate and Harmonie today and everyday as more than victims of a crash but as the bright, loving children they were."
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