NSW Parents Push for Tougher Hit-Run Laws After Son’s Death

Bryson Dimovski, 14, was riding his e-scooter home in Warners Bay, NSW, in July 2023 when 21-year-old Jaycob Gemza hit him with his car and drove away. Bryson’s body lay on the roadside for six hours before police found him. Gemza pleaded guilty and received five years’ jail with parole eligibility after three years and three months. His parents now want NSW law changed to close what they call legal loopholes that allowed the driver to avoid alcohol testing.

What happened to Bryson Dimovski

Bryson was riding his e-scooter on his way home when Gemza’s car struck him on the hard shoulder. Bryson smashed against the windscreen and rolled down an embankment. Gemza pulled over briefly, then drove off without calling for help. Family and friends drove past the crash site several times that night unaware his body was metres away. Police did not find him until six hours later.

The sentence and parole timeline

In Newcastle Local Court, Gemza pleaded guilty to failing to stop and assist and to negligent and dangerous driving. The maximum sentence for each charge is 10 years’ jail. He was sentenced to five years but will be eligible for parole after three years and three months, meaning he could be freed as early as February 2029. His mother Melissa said, “We’ve got a life sentence, he doesn’t have a life sentence.”

The legal loophole the parents want closed

Gemza had allegedly consumed three full-strength beers at the pub and bought a fourth before driving. He did not turn himself in until seeing a Facebook post that Bryson was missing. Because he delayed turning himself in, police could not test him for drugs and alcohol. NSW law only allows a four-hour window for such tests. Andrew Dimovski told A Current Affair: “If you refuse a random breath test, you get charged with high range. But if you leave a scene of a crash, essentially you’re refusing a test by removing yourself from the crash, but there’s no consequence for that.”

Judge’s warning on phone use

Before sentencing Gemza, Judge Paul Marr asked everyone in the packed courtroom to turn off their phones and not switch them back on until they arrived home. He told the courtroom phones are a distraction and that everyone shares responsibility to others on the road. Gemza was looking at his phone when he struck Bryson.

Final Thoughts

Bryson’s death exposes a gap in NSW law: drivers who flee the scene can avoid mandatory alcohol testing by delaying their surrender. His parents’ push for reform may force lawmakers to close this window before the next preventable tragedy.

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