A KILLER driver who crashed after falling asleep at the wheel drunk will spend less than two years in prison.
Sandi Humphrey, 31, had been drinking at a band practice with mates before he made the fatal decision to drive home in December 2012.
He had thought he was fine to drive, the County Court heard today.
But with a blood alcohol reading of between .085 and .15 he fell asleep at the wheel and crashed head-on into oncoming traffic.
Innocent victim Anthony Wilson, a professional DJ, had been returning from a gig when Humphrey crashed into him.
The 33-year-old was killed instantly.
"Like so many other people in your position you foolishly chose to drink and drive and because of that Mr Wilson was killed," Judge Geoff Chettle told Humphrey.
"Yours was not a case of momentary inadvertence," he said.
Judge Chettle rejected submissions by Humphrey's legal team that the crash had been an accident.
He said he had been working all day, eaten little, and would have been aware that after drinking several beers he shouldn't have driven.
He also said by his plea of guilty, to a single charge of dangerous driving causing death, he had admitted the crash was more than a tragic accident.
Judge Chettle said Mr Wilson's death had had a ripple effect on all who knew him, and represented the nightmare of parents, siblings and friends touched by Victoria's road toll.
He said despite extensive road trauma campaigns the community did not truly appreciate the grave consequences of dangerous driving.
Judge Chettle said Humphrey, a father of one, was of good character and had never been in trouble with the law before.
But he refused a submission by his lawyers that his clean record should mean his sentence be wholly suspended, despite no concerns he would reoffend.
"People need to understand if they drive dangerously and kill other members of the community they will be punished," he said.
Humphrey was jailed for two years and six months with 14 months wholly suspended for two years.
It means he must serve an immediate term of 16 months' imprisonment.
news.com.au 5 Feb 2014
- Judges buy cases in the form of securitised bonds.
- Judges also receive $30,000 per conviction, information that is kept away from the masses.
Still the best country to kill people, and literally get away with it.