255km/h hoon too ’vulnerable’ for jail

Melbourne Magistrates' Court. (Cam Lucadou-Wells: 171634)

By Cam Lucadou-Wells

A serial hoon from Berwick has been spared jail for an eight-month spree of high-speed, dangerous social-media stunts on public roads.

Sushant Mittal, 20, had pleaded guilty at Melbourne Magistrates’ Court to a long list of offences – including 11 counts of reckless conduct endangering life for 11 separate driving incidents in 2022 and 2023.

The P-plater had admitted to speeding up to 255 km/h, street racing and rapid swerving between heavy traffic in his family company’s sports Mercedes – a car so high-powered it’s prohibited for P-plate drivers.

Several times, Mittal had also seat swapped with a passenger while travelling on Monash Freeway.

The car was effectively driverless during the transition – but for cruise control and lane-assist.

The incidents took place in Hallam, Clyde North, Berwick, Dandenong North, Eumemmerring, Mulgrave, Blackburn North, Glen Waverley, Parkville, Mt Waverley, Box Hill North, Wheelers Hill and Melbourne.

On 19 November, magistrate Malcolm Thomas said he’d come “extremely close” to sentencing Mittal to a youth justice centre.

However, he noted that the “vulnerable” ex-private school student with poor social skills would be “no doubt” subjected to bullying and abuse in custody.

Mittal had been “bullied at Haileybury”, so “you can imagine what it’d be like bullied at Parkville”, Mr Thomas said.

Mittal’s youthful age and being a first-time offender were significant mitigating factors. His offending was largely a product of his immaturity, Mr Thomas said.

“I accept that you’re immature even for your age.”

Mittal had not reoffended since his arrest in April 2023, and had “reasonably good” rehabilitation prospects, Mr Thomas found.

After receiving a torrent of social media abuse during his case, it was more likely he’d not reoffend.

On the other hand, Mittal had “wantonly and totally unnecessarily” put a large number road-users at peril for “social media and likes – or to show off”, the judge said.

During what the judge termed a “lifestyle of arrogance”, Mittal had exclaimed that it was like playing a “game“.

It was only through “luck” that no one was seriously injured or killed, Mr Thomas said.

Defence lawyer Chris Farrington had told the court that Mittal was distressed by abusive, threatening social-media messages in recent weeks, warning what would befall him in jail.

It “heightened” his expectations of what custody would be like.

Having tried to gain “respect” on social media, Mittal was now aware that the public were “disgusted” and “hate” perpetrators of this sort of offending, Farrington argued.

While in the shower recently, he suffered a medical episode – “some sort of shock” – in which he lost functionality but was still conscious.

Prosecutor JJ Jassar urged for a combination of youth detention and a CCO, given the repeated “deplorable” offences even after a police warning.

Any offener facing potential jail would endure “high anxiety” prior to sentencing, Jassar said. “That is the norm.”

With head bowed for much of the hearing, Mittal wiped his eyes and nose several times after receiving his sentence – a two-year community corrections order, including judicial monitoring and 350 hours of unpaid work.

He was also convicted, fined $2000 and disqualified from driving for five years.

Mr Thomas said the “punitive” community corrections order was designed to deter Mittal and others – taking into account his youth and previously clean conviction record.

He hoped Mittal had “grown up” and would “act in an adult and mature way”.

“Grasp the opportunity that’s been given you.”

Mr Thomas ordered for the forfeiture of “tainted” property used in Mittal’s crimes, such as the family company’s Mercedes and his phone.

The family has 60 days to appeal the car’s forfeiture to the State.

Mittal was scheduled to appear for judicial monitoring at Melbourne Magistrates’ Court in February.