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Warners Bay tragedy prompts call for tougher road laws

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The Hunter father of 14-year-old Bryson Dimovski is calling for urgent changes to NSW laws after he says his son was “left to die on the side of the road”.

Bryson was killed at Warners Bay in July 2023 after being struck by a Ford Falcon driven by Jaycob Gemza, 21, who had been using his phone at the time.

The Newcastle District Court heard the vehicle drifted about 1m into the fog lane, hitting the teenager on his e-scooter before the driver stopped briefly and left the scene without calling Triple Zero.

Gemza was sentenced this week, on 7 April, to a maximum of five years in prison, with a non-parole period of three years and three months.

Speaking after the sentencing, Bryson’s dad said the outcome had left the family devastated.

“We were very disappointed,” Andrew Dimovski stated.

“It became clear the system wasn’t going to meet us where we stand.

“Our boy was killed and left behind.

“That’s not minor.”

Bryson was the youngest child in an extended family who adored him.

He was the youngest sibling to his sisters Alisha and Emily, the youngest nephew, the youngest grandchild and the youngest cousin.

Andrew fondly recalled the day his son caught his first fish.

Bryson reeled it in, looked at it carefully… said “sorry fish” and put it back.

A quiet moment with a fish, Bryson Dimovski’s story continues to spark calls for tougher road laws.

He was that kind of boy, gentle, quietly thoughtful, someone who left people a little better than he found them.

“That’s who he was,” Andrew said.

“He had this ability to make people feel special.”

Andrew said the sentence handed down didn’t reflect the gravity of what happened, believing the incident should not be described as an “accident”.

“A vehicle is a weapon,” he said.

“This was not an accident; this was a crash that could have been avoided.”

For Andrew, the moment the driver left the scene marked a turning point.

“It went from a crash to a failure of humanity,” he told the Newcastle Weekly.

“He didn’t know if Bryson was alive or dead… and he still left.”

Now, Andrew is calling for urgent legal reform, saying his family is “not the only one” affected by such tragedies.

“It happens every week,” he said.

“We’re just another family trying to stop it happening again.”

He is pushing for four key changes, including tougher penalties for failing to stop and assist; removing non-custodial sentencing options in fatal cases; stricter bail laws; and treating drivers who flee a crash as if they refused drug and alcohol testing.

Andrew argues current laws can unintentionally benefit those who leave the scene.

“If you leave, you avoid testing,” he said.

“That should not work in your favour.”

Bryson Dimovski with his father Andrew. Image: Supplied

Despite repeated attempts, Andrew said he had been unable to secure a meeting with NSW Attorney General Michael Daley.

“We need political change,” he added.

“Judges are bound by the law, so change has to come from the top.”

For the Dimovski family, the loss has left a permanent void.

“It’s like a hole in your heart,” Andrew said.

“It’s destroyed our happiness.”

But, through their grief, they are determined to speak out, for Bryson… and for others.

“To drivers, the message is simple,” Andrew said.

“Put your phone away.

“Don’t be tempted by distraction.

“No message, no post, nothing is worth a life.”

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