September 3, 2025

Carter Capner Law monitors accidents involving cars, motorcycles, trucks, busses, cyclists and trams throughout Australia to spotlight safety issues of concern to our clients and to demonstrate those situations in which they may have a right to an insurance or compensation recovery. We act for drivers, riders, passengers, pedestrians. Call today on 1300 529 529 or click here to reach Carter Capner Law. Click on Client Showcase to view our history of road accident compensation claims.

Case Overview
On October 29, 2024, an SUV driven by Shaymaa Oun Ghazi Zuhaira, 41, mounted a median strip and ploughed through the fence of Auburn South Primary School in Melbourne, striking a picnic table where five children were seated. Jack Davey, 11, suffered critical injuries and later died en route to hospital. Three other children were seriously injured.

On September 3, 2025, Zuhaira was convicted of careless driving in the Melbourne Magistrates Court. She was fined $2000, had her licence cancelled, and was disqualified from driving for two years. The court found she mistakenly pressed the accelerator instead of the brake while attempting to pull out of a parallel park and execute a U-turn.

“The charges go nowhere near the outcome. It is an insult to us, and to Jack.” — Jayde Davey, mother of victim

Court Details

  • Hearing Date: Wednesday, 3 September 2025
  • Court: Melbourne Magistrates Court
  • Presiding Magistrate: Vincenzo Caltabiano
  • Defendant: Shaymaa Oun Ghazi Zuhaira, 41
  • Status: Convicted, fined, and disqualified

Charges

  • Careless driving (guilty plea)

Sentence

  • Fine of $2000
  • Licence cancelled
  • Two-year driving disqualification

Court Findings

  • Zuhaira claimed she lost control of her SUV after a meeting with the school principal but could not explain the crash.
  • Magistrate Caltabiano found the most likely explanation was pressing the accelerator instead of the brake.
  • He acknowledged the tragedy but said the sentence was bound by the law under the available charge of careless driving.

Victim Impact
Jack’s parents, Michael and Jayde Davey, described their grief in emotional statements, calling the penalty inadequate. They said their son’s death had left them devastated, with Michael recounting visits to Jack’s grave to “cry into the dirt” and describing the ongoing anguish of milestones without their son.

Community Impact
The Auburn South Primary School community was traumatised by the crash, which injured multiple children and claimed the life of an 11-year-old student. The case has sparked calls for reform of Victoria’s driving laws to allow more serious charges in cases of fatal careless driving, aligning with penalties in other states.

Next Steps
The Davey family has urged Victorian legislators to review road laws, licensing requirements, and penalties for careless drivers, seeking justice reform to ensure stronger accountability when fatalities occur.