An alleged high-speed hoon from Berwick will fight scores of charges including speeding up to 262km/h, drag racing on freeways as well as seat-swapping with a passenger while driving on the Monash.
On 5 March, Sushant Mittal rejected a Dandenong magistrate’s sentence indication of jail and a community corrections order.
His lawyer had submitted for a three-year CCO and three-year loss of licence with a non-conviction.
Mittal will instead contest up to 110 charges relating to 12 alleged high-speed driving incidents in 2022 and 2023, including counts of reckless conduct endangering life.
His first alleged offence occurred seven months after obtaining his probationary driving licence, a police prosecutor told Dandenong Magistrates’ Court.
It involved allegedly speeding up to 184km/h and overtaking at high speed on the Monash Freeway on a Friday afternoon in August 2022.
“This is literally what I do as a game,” he reportedly said while being filmed by a passenger.
The video was uploaded to social media platform TikTok, titled ‘When she’s home alone’ – which received more than 100 likes.
In April 2023 about 2.30am, Mittal reached up to 262km/h on the Monash near Narre Warren, overtaking cars at 252km/h, the court heard.
He was said to have then travelled up to 186km/h on Clyde Road – which has an 80km/h speed limit.
Mittal was also accused of racing other cars, such as an instance of up to 217km/h on an 80km/h section of CityLink – in which he overtook 20 vehicles in 83 seconds, it was alleged.
During a videoed incident on City Link, a passenger allegedly referred to an object up ahead on the road saying: “I didn’t even see that bike”.
The court heard that Mittal replied: “See what I mean – it’s dangerous.”
On 16 January 2023, there were five alleged instances of speeding and drag racing in Berwick, Clyde North and Cranbourne North, the prosecutor told the court.
Among his alleged speeds that day were 135km/h on a 60km/h road, 152km/h on a 80km/h road and 136km/h on a 50 km/h road.
Mittal was also accused of swapping seats with his brother while driving on two occasions on the Monash Freeway.
It was alleged the car was set on ‘lane assist’ and ‘cruise control’ during the “stunts”, leaving the car effectively driverless.
The prosecutor said that as Mittal struggled to move from the front passenger seat to behind the wheel, he told his brother: “I told you to move the seat back, c***.”
A passenger filming the situation laughed, the court heard, saying “f***ing hell you c***s are f***ed, bro”.
As a probationary driver, Mittal was prohibited from driving the Mercedes AMG vehicle used in much of the alleged offending. It was seized by police on his arrest and found to be modified to reach high speeds, the prosecutor said.
Magistrate Fran Medina noted that Mittal had no prior convictions and that since his arrest and bail in April, there had been no offending.
She also noted the distress to Mittal’s family who had given Mittal the stability, education and opportunities to “catapult” him ahead in life.
Mittal was a young person clearly enjoying the thrill of his alleged high-speed driving with his friends as well as his notoriety on social media, Ms Medina said.
“The problem I have is you’re a young person not thinking consequentially. Your behaviour shows almost a callous disregard for the lives of others around you,” she said of the alleged offending.
According to psychological reports, he was now expressing remorse.
But he had plenty of opportunities for insight beforehand especially when interviewed by a police officer over alleged speeding of 187km/h on Eastlink in August 2022, Ms Medina said.
“You were given an opportunity to change your ways and you escalated,” she said of the alleged offending.
The magistrate made mention of the times of the alleged incidents – several in the afternoon and early evening – and the long period of alleged offending.
She particularly noted Mittal allegedly didn’t change – even after the Mercedes’ collision avoidance system was reportedly activated in what the prosecutor described as poor conditions and heavy traffic on the Monash Freeway in April. The prosecution alleged speeding of up to 165km/h at the time.
As a young person, Mittal’s rehabilitation was a focus in sentencing, Ms Medina said. But there was also a strong need to “send a message” that his alleged behaviour was “completely unacceptable”.
She described it as a “miracle that everyone is still alive”.
“It’s not a non-custodial sentence from me. It’s far too serious.”
Mittal was scheduled to appear at a contest mention at Dandenong Magistrates’ Court on 30 April.
