Posted: 2023-02-28 03:56:31

An elderly drink driver who hit and killed a pedestrian during the Sculpture by the Sea exhibition in Cottesloe has been released on bail so a judge can get a report on whether his medical needs will be adequately met if he is jailed.

Hugh Campbell was 87-years-old in March 2021 when he got behind the wheel of his vehicle around 6pm and tried to leave a car park on Marine Parade.

The Supreme Court was told Campbell had spent the six hours beforehand in a nearby hotel and had consumed five 150ml glasses of wine and three 30ml whiskies, as well as a coffee, a pasta meal and two glasses of water.

State prosecutor Adam Ebell said after Campbell got into his car he drove forward, mounted the kerb and travelled down the footpath.

A small blue station wagon parked on the side of the road at night with police tape around it.
Campbell was behind the wheel of this car when he fatally struck the pedestrian in Cottesloe.(ABC News)

After nearly hitting one pedestrian, he struck a 77-year-old from behind.

The victim suffered a severely fractured skull and died the next day in hospital.

Mr Ebell said a sample of Campbell's blood taken two and a half hours later showed he had a blood alcohol reading of 0.085 per cent.

Footage 'too distressing' for court

The court heard the events were captured by CCTV cameras, but Mr Ebell said the footage was "too distressing" to be played in open court.

The court was told that at the time, the Sculpture by the Sea exhibition was being held on the beach, across the road from the car park. 

Campbell, who is now 89 and due to turn 90 in July, was originally charged with manslaughter, but prosecutors accepted his guilty plea to the lesser charge of dangerous driving occasioning death.

A close-up shot of a police officer examining the driver's side of a vehicle at night.
Campbell travelled down the footpath before almost hitting one pedestrian and striking another.(ABC News)

He was due to be sentenced today but his lawyer Andrew Williams requested a court-ordered report on whether prison authorities would be able to adequately meet his client's medical and health needs if he did receive a jail term.

Mr Ebell said the state opposed the application because it did not want to delay proceedings for Campbell and for the victim's family members, who had attended court and were in the public gallery.

But Justice Sam Vandongen agreed to adjourn the matter until next month so the report could be prepared by the Department of Corrective Services, which is responsible for WA prisons.

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