Driver jailed over Nilly’s death appeals penalty
THE driver linked to the tragic death of popular schoolgirl Nilly Mooney has appealed the jail term claiming the penalty is too harsh.
Jessica May Goulding was sentenced to three years jail for running over the 15 year old on March 1 this year, as well as a string of drug offences.
Paperwork was filed last week appealing the penalty as "manifestly excessive".
On October 2 this year, Mackay Magistrates Court heard the 30 year old panicked after striking Nilly on Nicklin Dr about 3.15am and fled the scene.
The court heard Goulding claimed she had swerved to avoid a dog and when she noticed someone on the road it was too late to react.
Two passengers also travelling in the vehicle remained at the scene while Goulding drove off and holed up at Mount Ossa before handing herself into police about 12 hours later.
Acting Magistrate Ron Muirhead, in sentencing Goulding, said he was satisfied "callous disregard has been shown".
Goulding, who is currently serving time at Townsville Women's Correction, had pleaded guilty to 43 charges including failing to remain at the scene and render assistance and multiple drug offences.
Mr Muirhead had said the maximum penalty for failing to remain was three years, which had to be reduced because Goulding had pleaded guilty.
He jailed her for two years plus a cumulative 12-month term for the drug offending bringing the total to three years, which is the maximum penalty that can be handed down in a magistrates court.
She was ordered to serve 12 months with parole release on August 13 next year due to time already served on pre-sentence custody.
Her solicitor Corey Cullen had pushed for 18 months to serve one third.
Appeal documents filed in Mackay District Court on November 2 stated the "sentence imposed was manifestly excessive".
"The appellant received a global sentence of three years imprisonment with parole release after serving 12 months in custody," the appeal read.
The paperwork also stated Goulding requested to be present when the court considers her appeal.