Melissa Oates jailed over car crash in which partner Jari Wise died

A Tasmanian woman will spend eight months in prison for a dangerous driving incident in which her former partner died last year. 

Melissa Oates, 35, was three times over the legal blood alcohol limit when she was driving along Wilmot Rd near Huonville at 110 kilometres per hour in the early hours of February 29 last year when her vehicle hit her former partner Jari Wise, who died at the scene.

The Hobart Supreme Court heard Oates and Mr Wise had been drinking together at a friend’s place before leaving separately around midnight.

Mr Wise was walking along Wilmot Rd after visiting a friend and was dressed in dark clothing at the time.

Oates was driving down the dark road and her phone showed the two had been in contact after leaving a friend’s place, with Mr Wise asking Oates to pick him up.

Mr Wise was then struck by Oates’s car after she travelled past Huon High School on Wilmot Rd. 

The court heard that based on medical evidence, Mr Wise would have died instantly. 

Oates did not stop to render assistance and continued driving back to the address where she and Mr Wise had been drinking earlier that evening.

Witnesses said Oates pointed out the damage to her car when she arrived and said Mr Wise “came out in front of her”.

She had returned to the scene by the time police arrived, with one officer describing her as being “highly intoxicated and crying out ‘why did he jump out in front of me’,” Justice Gregory Geason said during sentencing.

“You knew you were speeding but didn’t know how fast you were travelling, you thought Mr Wise might have thrown something at the car,” Justice Geason said.

Oates ‘not legally responsible for death’: Judge

The court heard that Mr Wise had a history of jumping out in front of Oates’s car, and had jumped in front of it only a week prior to the incident.

Oates pleaded guilty to charges of dangerous driving, drink driving and failing to remain at the scene of an accident in the Hobart Supreme Court last month.

Justice Geason said Oates was not legally responsible for Mr Wise’s death because it could not be ruled out that he had jumped in front of her car.

But the court also heard there was no forensic evidence to suggest Wise had jumped in front of the car. 

The court also heard Oates was not wearing her glasses when she was driving — a condition of her driver’s licence.

“It cannot be shown that the death [of Mr Wise] would not have occurred even if a reasonable person had been driving wearing visual aids,” Justice Geason said.

Justice Geason also said Mr Wise could have still died if Oates been travelling at a slower speed.

“If a pedestrian was struck by a vehicle at 50kph, they would sustain injuries enough to kill them.”

Justice Geason said his sentencing of Oates was not placing value on Mr Wise’s life, and acknowledged Oates’s remorse for the hurt she had caused Mr Wise’s family.

“I acknowledge this sentence won’t satisfy those who lost a loved one,” Justice Geason said.

Oates was sentenced to 14 months in prison with six months suspended, and will be released in seven months’ time having already spent one month in custody.

Oates has also been disqualified from driving for three years upon her release from prison, and fined $2,000.

Outside court, Mr Wise’s mother Faith Tkalac said she was disappointed by the sentence.

“Seven months and then loss of licence, I think maybe two years, I just feel like it’s an absolute kick in the face,” Ms Tkalac said.

“I feel sad for her children because her children don’t have their mum around, but at the same time they’re never going to have dad and we’re never going to have Jari.

“It’s not justice.”