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WA mum loses appeal bid over girl's death

AAP logoAAP 24/11/2016

A drunk driver who swerved her car to try to scare two people on a moped before crashing and killing her teenage daughter in Western Australia has lost an appeal against the length of her sentence.

Janet Louise Kirby, 48, played a drinking game with her daughter and the girl's friends before getting behind the wheel of the car with a blood alcohol reading of 0.110 per cent in March last year.

Six passengers, aged between 15 and 20, were crammed into the five-seater vehicle and were on their way to a party when they encouraged Kirby to scare a moped rider and their pillion rider.

But Kirby over-corrected while attempting to overtake the moped and rolled the car.

Her 15-year-old daughter, Lois Kirby, who was unrestrained, was thrown from the vehicle and died from her injuries, while three other passengers were also hurt.

Kirby was sentenced in the WA District Court to four-and-a-half years in jail and was ordered to spend at least two-and-a-half years behind bars before she could be eligible for parole.

She was also fined $650 and had her driver's licence suspended for three years.

Kirby took the case to the Court of Appeal, claiming the sentence was manifestly excessive, but on Thursday her appeal was rejected.

"Having considered all of the relevant sentencing factors in the present case, we have not been persuaded that it was outside the range of a sound sentencing discretion," the judges said.

"In all of the circumstances, the sentence that was imposed was not unreasonable or plainly unjust."

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