Man's guilty plea over DUI toddler death

A man was more than three times over the alcohol limit and driving at double the speed limit before his car struck and killed a one-year-old baby in the driveway of a Perth home, a court has been told.

Benjamin Alan Butler, 24, faces a maximum 20 years' jail after hitting and badly injuring Tania Moorby and fatally injuring her daughter Grace outside their suburban Thornlie home in April this year.

Armadale Magistrates Court was told Butler's car had been travelling at 113km/h before smashing into a car, mounting the kerb and hitting the pair, who had just returned home from shopping.

The toddler ended up on the home's front porch with extensive head injuries.

She died at the scene.

Police told the court Butler had climbed out of the window of his vehicle, lingered at the crash scene and had then started walking away before being chased and stopped by witnesses.

They said he had later recorded a blood-alcohol reading of 0.166.

Butler's lawyer on Tuesday denied he had been travelling at 113km/h in a 50km/h zone but agreed to enter a plea of guilty to dangerous driving causing death.

He did not enter a plea to other charges of dangerous driving causing bodily harm and failing to stop at the scene of a crime.

Magistrate Leighton Jones agreed to refer Butler to a higher court for sentencing, saying a prescribed three-year penalty in the magistrates court would not reflect the severity of the crime.

Butler, a tall, broad shouldered man who dressed in a suit for his court appearance, was released on bail.

He did not reply to reporters' questions as he was followed out of court.

He will be sentenced in the District Court in Perth in October.

aap 15 Jul 2008

There is ABSOLUTELY NO EXCUSES for this kind of behaviour.

The biggest problem is that the Australian Courts have admitted that, during sentencing, the right of the sentenced are only considered. This means that the rights of the victim are NEVER taken into consideration.

The Law is far too lenient with crimes of this nature. Crimes like this WOULD occur less with the introduction of more harsh penalties.