by Cam Lucadou-Wells
A Berwick hoon has been sentenced over seat-swapping with a passenger while driving on Monash Freeway and other dangerous acts.
Subhanu Mittal, 20, had pleaded guilty to 15 charges including reckless conduct endangering life, driving with a suspended licence, dangerously losing traction and being a P-plater driving a prohibited vehicle.
Police had detailed Mittal’s 360-degree burnouts, fishtailing, 200-km/h drag racing on Monash Freeway as well as seat-swapping at high speeds on the freeway, in Domain Tunnel and on Princes Highway, Hallam over four months in 2023.
During the seat swaps, the high-powered BMW was left on cruise control and lane-assist while without a driver for up to 17 seconds. One of them was performed on the Monash on a Saturday afternoon.
With his licence suspended at the time, Mittal posted his Domain Tunnel seat-swapping video on social media with the label: “No licence, no worries”.
During the stunt in Hallam, Mittal swapped seats with a 17-year-old learner driver moving out from behind the wheel.
On a video of the incident, the L-plater exclaimed “that was crazy as s***” and that he wouldn’t do it again.
Mittal responded that it was “safe as”. There was no one in the driver’s seat for nine seconds, the court heard.
In a sentence indication last month, Dandenong magistrate Julian Ayres rejected a prosecution submission for jail time, as well as a defence submission for a non-conviction.
He noted there was a need to protect the community from “potentially disastrous consequences”.
Leaving the driver’s seat was “almost at the highest end of reckless conduct”.
“It was a miracle there was no crash or collision. It’s extraordinary – thankfully – almost inconceivable that it didn’t happen.”
On the other hand, Mittal was “very young” at the time and “obviously very impressionable” with a limited history of driving offences and no drug or alcohol issues.
“(I’m) not sending him to jail but it has to be a conviction. It’s too serious globally,” Mr Ayres said at the time.
In sentencing on 17 July, Mr Ayres said he doubled the 12-month minimum licence loss due to the multiple dangerous acts.
Mittal was convicted, fined $4000, disqualified from driving for two years and put on a two-year community corrections order.
The CCO includes supervision, mental health treatment and a likely road-trauma awareness course.
Victoria Police also applied to confiscate the high-powered BMW used for much of the offending.
The car was owned by the company of Mittal’s father. The father told the court he was seeking legal advice on whether to oppose the forfeiture.
The issue was set for a hearing at Dandenong Magistrates’ Court on 21 October.
Mittal’s co-accused twin brother Sushant meanwhile is contesting up to 110 similar charges at Melbourne Magistrates’ Court in July.
The twin had rejected a sentence indication in March that included a jail term if he pleaded guilty.
