Jail for drunk mum with 10 kids in car

A Melbourne mother who crashed her car while drink-driving with 10 children on board – nine of them unrestrained – has been jailed for three months.

Tanya Chilly, 35, will serve a further 18 months in the community undertaking alcohol counselling and rehabilitation after her three-month jail term.

Chilly had been drinking bourbon and beer for hours when she loaded the children into her car and drove along a dirt road to get takeaway food in Rockbank, in Melbourne’s west, in August 2011.

The children were all aged under 10, with only a one-year-old wearing a seatbelt.

Three children were injured in the crash, suffering broken bones and internal injuries, when she rolled the car while swerving to dodge a pothole.

Magistrate Gerard Lethbridge accepted Chilly’s genuine attempts to recover from alcoholism since the crash and said rehabilitation was a priority in her sentence.

He noted a report which described her background as sad and complex, having left school and home at an early age and becoming “enmeshed with alcohol and drugs”.

He said the offending had occurred within the context of an abusive spousal relationship.

“This is a difficult and tragic case,” Mr Lethbridge said.

“I believe your prospects for rehabilitation are excellent providing you do not drink.

“The community is best protected through your rehabilitation.”

But he said Chilly’s three prior convictions for drink-driving and the number of children put at risk left him no choice but to jail her.

Chilly pleaded guilty to 14 charges, including drink-driving and failing to ensure a child was properly restrained.

Her lawyer, Jill Prior, had argued the Epping mother had chosen “the lesser of two evils” when she decided to drive.

Ms Prior said Chilly chose to take the children rather than leave them in the care of their father.

The court heard she began drinking with her on-again-off-again partner after taking their seven children to visit him at his home, a shack in a Caroline Springs paddock. His three children to another partner were also there.

The unlicensed Chilly was banned from applying for a driver’s licence for 48 months.

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