Hobart teenager Alani Moeakiola would visit his girlfriend's grave twice a day, and regularly wash and fold some of her clothes, says the judge who is sending him to jail for killing her in a car crash.
However, despite Moeakiola's remorse, Justice Peter Evans says his case only serves to highlight the very real danger young male drivers pose to others, in particular their friends.
"It cannot be overstated," Justice Evans said in sentencing the 19-year-old on Monday to two years' jail, with a non-parole period of 12 months, and a six-year driving ban.
Intellectually impaired, Moeakiola had been smoking cannabis before he started arguing with his girlfriend Kayla Maher, 17, as they drove through Hobart's suburbs on January 30.
As their row escalated, so did the speed and danger of Moeakiola's driving before he crashed and rolled the vehicle, killing Ms Maher almost instantly, the court was told.
Witnesses told the court Ms Maher had said: "Just drop me off here," before the unlicensed driver in charge of an unregistered and unroadworthy vehicle sped up to 90km/h in a 50km/h zone in a perverse effort to keep her in the car.
Even though Ms Maher suffered fatal head crush injuries, Moeakiola was found at the scene trying to resuscitate her, the court was told.
"His grief is palpable," Justice Evans said in his published judgment on Monday.
"He thinks about her death every day, dreams about her every night.
"Her death is the first thing he thinks about when he wakes.
"He visits her memorial at the cemetery twice a day and regularly, approximately fortnightly, rewashes, dries and folds her clothes.
"He suffers from recurring suicidal ideation and he has real fears about how he will be treated during his impending incarceration."
Justice Evans said that as genuine as his remorse was, "it pales into insignificance when it is remembered that it arises from him causing the death of a 17-year-old".
Moeakiola had earlier pleaded guilty to a charge of causing death by dangerous driving.
The Hobart teenagers had been boyfriend and girlfriend for more than two-and-a-half years.
Moeakiola had never had a proper driving lesson or held a driver's licence and had a string of driving offences and periods.
His IQ was so low that he could not read, write, add or subtract.
He had been caught driving while disqualified four times between May 2005 and January 2007, and had served about two years' jail in total for five crimes involving dishonesty.
"Once again, the court is confronted with a relatively young male inexperienced driver who has caused the death of another by dangerous driving," Justice Evans said.
"The court's sentencing database demonstrates that these characteristics are almost invariably present when this crime is committed and moreover, that the victim is usually a friend of the perpetrator.
"The very real danger that young male drivers pose to others, in particular their friends, cannot be overstated," he said.
In Australia you can kill someone by 'accident' and only receive 2 years prison.
The criminal 'Justice' system in Australia is a (deliberate) joke.
1 comment:
With due respect - and concerning many articles posted on this blog, there is very noteworthy opinion that I wish more people were aware of - considering this particular story.. You may call me a bleeding hearted artist, but considering the boy's grief if as true as it's made out to be, personally I would have to conclude justice served. It is important for us as critics to remain objective and consider that humans do indeed make mistakes.
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