Tourist jailed almost six years after running over thief who stole his backpack

Holiday ends in tragedy

Kai was visiting Perth for eight days with his girlfriend and her family. He had planned to propose during the trip.

Tracking device leads to chase

The family used the AirTag the following day to locate the bag near a construction site and contacted police. While they were there, Burnes passed on an e-bike with a bag that appeared to be the stolen one.

At his girlfriend’s father’s direction, Kai pursued Burnes for about 10 minutes through Carlisle. His girlfriend’s brother relayed updates to police by phone.

Court weighs fatal decision

Kai struck the e-bike’s rear wheel, causing Burnes to fall. After Burnes shouted threats, Kai feared an attack and pressed the accelerator, believing the car was in reverse; it was in drive. Justice Palmer accepted that Kai thought he faced an immediate threat and described the act as a “split second decision made under pressure.” The judge said Kai should have stopped once he realised the car was moving forward, rejecting the claim that confusion prevented him from understanding the danger.

Sentence and parole eligibility

Kai, who was first charged with murder, pleaded guilty to manslaughter in August after prosecutors accepted the lesser charge. His five-year-and-nine-month sentence is backdated to 24 May 2024, when he entered custody.

He can seek parole after three years and nine months. The judge considered his guilty plea, clean criminal record, remorse and strong rehabilitation prospects, and found the conduct out of character.