By Cam Lucadou-Wells
A 21-year-old Narre Warren man who drove on the wrong side of Churchill Park Road, Lysterfield with several drugs in his system and killed an oncoming driver has been jailed.
Jacob Braithwaite-Deegan was on his way to work when his Hilux crossed 1.5 metres over the centre line on the 70 km/h road and struck the front right side of the victim’s car, Victorian County Court judge Julie Condon said on 18 June.
There was no evidence of him speeding; neither driver had braked ahead of the crash shortly after 8.30am on 20 February 2017.
The other driver – a husband and father of two boys – died at the scene.
“By your actions you’ve caused loss of life,” Judge Condon told the accused.
“All too often courts are faced with the tragic consequences of young men such as yourself who fail to understand the potentially fatal ramifications of driving dangerously.”
In sentencing, Judge Condon said she had to deter other young men doing the same.
The wife was unable to console herself given the great hole left in her and her sons’ lives by the loss of her husband – who was her “best friend” and “rock”, Judge Condon said.
In her victim impact statement, she said part of her died on the day of the crash.
Braithwaite-Deegan pleaded guilty to dangerous driving causing death and seven counts of drug trafficking, after police seized a variety of drugs as well as $39,588.50 from his car and home.
He was clearly trafficking drugs for profit, not just to support his habit, Judge Condon said.
Braithwaite-Deegan was heard to comment after the crash that he’d had a “big weekend” and was “really tired”, the court heard.
Another witness heard him say “I think I started dozing off”.
There was evidence of a “cocktail of drugs” in Braithwaite-Deegan’s blood samples – including MDMA, MDA, ketamine, and metabolites of cocaine.
There was not sufficient proof that the drugs were at a level that directly influenced his driving. However it was relevant to Braithwaite-Deegan’s moral culpability.
Another witness said she’d had to take evasive action to avoid Braithwaite-Deegan’s erratic driving shortly beforehand.
The accused appeared to be looking down, she told police.
Braithwaite-Deegan had no explanation for the crash. He told police he was “feeling just normal”, and honestly thought the other driver may have crashed into him, Judge Condon said.
The day after the crash, he was arrested and had since been in remand in adult prison.
There he demonstrated remorse, leadership qualities as a mentor and role-model, and a commitment to his drug rehabilitation.
He showed maturity in pleading guilty and not applying for bail but accepting his fate in custody, Judge Condon noted.
Braithwaite-Deegan, who had no prior convictions, was jailed for up to four-and-a-half years, with a 34 month non-parole period.
His term included 483 days in pre-sentence detention.
