Coroner's Finding: Hayes, Joy

MAGISTRATES COURT of TASMANIA

CORONIAL DIVISION Record of Investigation into Death (Without Inquest) Coroners Act 1995 Coroners Rules 2006 Rule 11 I, Simon Cooper, Coroner, having investigated the death of Joy Hayes Find, pursuant to Section 28(1) of the Coroners Act 1995, that a) The identity of the deceased is Joy Hayes; b) Mrs Hayes died as a result of injuries sustained by her, as operator, in a single vehicle quad bike crash; c) The cause of Mrs Hayes’ death was crush injuries of the chest; and d) Mrs Hayes died, aged 82 years, on 22 April 2022 at Scenic Hill Road, Huonville, Tasmania.

In making the above findings I have had regard to the evidence gained in the investigation into Mrs Hayes’s death. The evidence includes:

• Police Report of Death for the Coroner;

• Affidavits establishing identity;

• Report – Dr Donald Ritchey, Forensic Pathologist;

• Report – Forensic Science Service Tasmania;

• Medical Records – Tasmanian Health Service;

• Medical Records – Ochre Medical Centre Cygnet;

• Affidavit – Jonathan Hayes, sworn 30 April 2022;

• Affidavit – Maureen Hayes, sworn 24 April 2022;

• Affidavit – David Hayes, sworn 24 April 2022;

• Affidavit – Elizabeth Gentile, sworn 2 May 2022;

• Affidavit – First Class Constable David Scarafiotti, sworn 24 September 2022 (and body worn camera footage);

• Affidavit – Constable Carly Medhurst, Forensic Services, Tasmania Police, sworn 15 June 2022 (and scene photographs);

• Affidavit – Senior Constable Kelly Cordwell APM, Crash Investigation Services, Tasmania Police sworn 7 July 2022 (and Collision Analysis Report, Crash Scene Plan); and

• Affidavit – Jason Armstrong, Transport Safety and Investigation Officer, sworn 9 May 2022.

Mrs Hayes died as a result of massive injuries sustained when, as operator of a quad bike, she lost control of it and crashed. At the time of the crash, she was not wearing a helmet, although in this instance the absence of the helmet did not contribute to her death.

I am satisfied that road and weather conditions did not cause or contribute to the happening of the crash.

The mechanical condition of quad bike, whilst in some respects in less than optimal, did not cause or contribute to the happening of the crash.

Drugs and alcohol did not cause or contribute to the happening of the crash. No other person caused or contributed to the happening of the crash.

The principal cause of the happening of the crash which caused Mrs Hayes’ death was excessive speed on her part.

Comments and Recommendations The circumstances of Mrs Hayes’s death are not such as to require me to make any comments or recommendations pursuant to Section 28 of the Coroners Act 1995.

I convey my sincere condolences to the family and loved ones of Mrs Hayes.

Dated: 21 July 2023 at Hobart in the State of Tasmania.

Simon Cooper Coroner