The teen – who cannot be named – was jailed for at least 3 years today for the 2011 collision that killed a 16-year-old boy and seriously injured a 15-year-old girl.
The girl, who spent 11 days in intensive care for spinal injuries, told the court she feared she would be blamed for the death of the 16 year-old because he had tried to persuade her to get out of the car, before getting in after she refused.
County Court Judge Frances Millane said the driver, now 16, was probably mildly intellectually disabled due to brain injury he suffered in the crash.
The fatal collision occurred in October 2011 when the drunk teen drove a stolen Toyota Land Cruiser filled with six other teenagers from an East Brighton party in the early hours of the morning.
He was driving fast and erratically in a residential 60 km/h zone when the car fishtailed, crossing over the wrong side of the road and rolled, ejecting the two unrestrained passengers in the rear.
A 16-year-old boy died from head injuries.
Forensic physician Dr Morris Odell found the unlicensed teen, who had a blood alcohol reading of .088, was “absolutely incapable of having proper control of the motor vehicle”.
Less than two months after the teen driver was bailed for these offences, he was charged with stealing a car and other driving offences.
He was charged again for theft of a motor vehicle in October last year and again in January before being held in youth detention.
Judge Millane said she hoped the “senseless, premature death” of a young man caused by the teen’s “hoon-like behaviour” served as a warning to teenagers at risk of believing they are invincible.
She said the teen, who was expelled from school, was had a high-risk of reoffending.
Before the accident, the teen had been skylarking – speeding, drifting and making the car airborne – in the packed car.
He had also driven away from two petrol stations without paying for the fuel.
The teen pleaded guilty to culpable driving causing death, negligently causing serious injury, theft of a motor vehicle and two counts of theft.
He was sentenced to 5 years and 10 months in jail, with a non-parole period of 3 years.
Judge Millane said she would recommend to the Adult Parole Board that the teen be transferred to youth detention.
The maximum penalty for culpable driving is 20 years.
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