By Callan Date
A BERWICK man who was the driver in a car crash that killed his best friend will spend at least three-and-a-half years in jail.
A court last week found Andrew Mark Harrington, 23, was unlicensed, speeding and had a blood-alcohol level nearly three times the legal limit when his car crashed in Harkaway on 16 March last year.
Mr Harrington had earlier pleaded guilty to culpable driving causing death.
Mr Harrington’s best friend and front-seat passenger Ross Sinclair spent a week in hospital in a coma before dying from major head injuries.
Mr Sinclair, 21, was a passionate sportsman and had been studying for a Bachelor of Arts degree at Monash University’s Gippsland campus.
Mr Sinclair’s sister, Jennifer-lee Sinclair, said her family was still suffering from his death and the sentence would not bring closure.
In a victim impact statement tendered to the court, she said she believed her brother would not have wanted Andrew Harrington to go to jail for a substantial time.
“I am one hundred per cent sure my brother would forgive Andrew, a mate, that he had known since childhood,” Ms Sinclair wrote.
“I am and will continue to be close to Andrew and his family in the future and care about them a great deal.
“Andrew will have to live with this for the rest of his life, which in my opinion is a far worse sentence than any judge could hand down.”
In her statement Ms Sinclair said her life had been altered forever by the death of her brother.
“He will never know how many tears I have cried or how alone I feel without him here. He will never know how he broke my heart,” Ms Sinclair said.
“He will never grow old, I will never meet his children or hear his voice or be able to give him one last hug or share one last beer at the Berwick pub. He will never be able to become the person he was destined to be.”
County Court judge Liz Gaynor sentenced Harrington to seven years’ jail with three-and-a-half years’ non-parole period. His licence was cancelled for six years.
No comfort in driver’s sentence
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