The vehicle left the road and struck a large tree between Dubbo and Mendooran on January 11, last year.

The child was ejected from the vehicle and died at the scene.

The mother pleaded guilty to dangerous driving occasioning death - driving in a manner dangerous and faced Dubbo District Court for sentencing this week.

The maximum penalty for the offence is 10 years in jail.

Judge Gordon Lerve found the woman’s moral culpability was not high but it also was not low, and that the only appropriate sentence was full-time custody.

The court heard about 1.30pm on the day the woman was travelling north from Dubbo along the Mendooran road with her child.

She lived in Queensland at the time but was in NSW due to a death in the family.

The woman had gone to Dubbo earlier that day to receive prescription methadone, which was not available at the town in regional NSW she was staying at.

About 30km to 35km from Dubbo the woman’s vehicle was found overturned, resting on its roof and in the table drain.

It was obvious and not disputed the vehicle had left the road before there was an overcorrection, which resulted in what then occurred, Judge Lerve said.

The woman was taken to hospital and methadone, oxycontin and the active ingredient in cannabis was detected in her system.

The defence said a sentence of imprisonment could be served by way of an Intensive Corrections Order in the community, but the Crown submitted full-time custody was the only appropriate sentence.

The woman had tearfully given evidence during the proceedings and told the court she had not driven since the crash.

Judge Lerve noted the degree of intoxication was limited to what the doctor had described as “impaired” to at least “some degree” but he also said the offender knew she had had methadone at Dubbo, taken oxycontin earlier that day and used cannabis the night before.

He said as far as the daughter being unrestrained, the woman had said she believed she was strapped in and he could not conclude beyond reasonable doubt the woman was aware the child was not restrained.

After hearing submissions, Judge Lerve said there was not the slightest doubt the offender was “extremely and deeply remorseful”.

He said he was fortified in that view by the evidence of the Reverend Doctor Raymond Nelson-Hauer who told the court in his 45-year career he had never seen a person as consumed by guilt and remorse as the offender.

The judge said there was clearly a real need for general deterrence.

The woman was convicted and sentenced to a term of 22 months, with a non-parole period of 11 months.