Teenage driver in Maryborough triple fatal crash sentenced in Children's Court
In short:
A teenage boy has been sentenced for causing a triple-fatal car crash on the Fraser Coast in Queensland last year.
The then-13-year-old boy was driving a stolen car when he rear-ended a vehicle on Saltwater Creek Road at Maryborough, resulting in the deaths of two women and a teenage girl.
What's next?
The boy will be released from youth detention after serving 60 per cent of a six-year sentence.
The teenage driver of a speeding stolen car that killed three people on Queensland's Fraser Coast last year has been sentenced to six years in youth detention.
Michale Chandler, 29, Kelsie Davies, 17, and Sheree Robertson, 52, died on April 30 when the then-13-year-old boy caused a three-car collision on Saltwater Creek Road at Maryborough, north of Brisbane.
The boy, from Bundaberg, was initially charged with three counts of dangerous driving causing death, and unlawful use of a motor vehicle.
He pleaded guilty to dangerous operation of a vehicle causing three deaths and grievous bodily harm while excessively speeding; three counts of unlawful use of a motor vehicle; one count of receiving tainted property; one count of stealing and unlicensed driving.
On Thursday at Maroochydore, the now-14-year-old was sentenced to six years in youth detention, to be released after serving 60 per cent of the sentence.
Convictions were recorded for one count of unlawful use of a motor vehicle, and the charge of dangerous operation of the vehicle causing three deaths and grievous bodily harm while excessively speeding.
Troubled upbringing considered
Judge Gary Long SC told the Children's Court the need for community protection from the boy's conduct had to be balanced with his prospects for rehabilitation.
He noted the boy had served 583 days in pre-sentence custody and had generally cooperated with authorities.
He also noted the boy's young age and troubled upbringing, including exposure to domestic violence and a traumatic head injury.
The judge said sentencing was "not just an emotional exercise" and that he must apply the relevant legal rules and principles.
Principles applicable in this case, the judge said, included that juvenile offenders should be dealt with in ways that "recognise their need for guidance and assistance" and give them the opportunity to "develop in responsible, beneficial and socially acceptable ways".
"No sentence … will ever be sufficient to recompense for the grave losses and impacts which have been the result of this offending," Judge Long said.
"Notwithstanding the need for the horrendous consequences of your egregious offences to be properly reflected in your sentence … the balance here should favour some moderation."
'Manic' driving
The court previously heard that on the day of the crash, the boy stole a 2003 Mercedes-Benz from a Maryborough residence and drove it dangerously and at speed on roads between Maryborough and Hervey Bay.
About 10:45pm, while travelling south on Saltwater Creek Road, he rear-ended a Holden Astra, forcing it into the path of a Mazda 2 that was travelling in the opposite direction.
The driver and a passenger in the Holden — youth pastor Michale Chandler and Kelsie Davies — died at the scene.
Torquay nurse Sheree Robertson, who was driving the Mazda home from a shift at Maryborough Hospital, also suffered fatal injuries.
Another passenger in Ms Chandler's car, 23-year-old Kaylah Behrens, was flown to the Royal Brisbane and Women's Hospital in a critical condition, and lives with lasting injuries.
A forensic psychologist told a previous court hearing the teen had become angry when some of his friends criticised his driving ability.
Crown prosecutor Chris Cook told the court at the time that the boy reached speeds of 200kph and drove "in a manic way" while swerving and crossing double white lines in the moments before the crash.
Defence barrister Ed Whitton said his client was remorseful for causing the deaths of the two women and teenage girl, and was "struggling to come to terms" with the consequences of the crash.
Mr Whitton argued staying in detention would have a detrimental effect on the boy's rehabilitation.
'The victims are hurting'
After the sentencing, relatives of Ms Robertson said they were disappointed but not surprised at the outcome.
"We knew it was going to be a small sentence, but we were just hoping for more," Ms Robertson's sister Liesa Latimer said.
"There's no faith in the justice system anymore.
"He's out within two years.
"It's just not fair."
Ms Robertson's niece Cass Leedham described her aunty as a "cheeky, funny, and giving" person.
"She helped so many people," Ms Leedham said.
George Atkinson of advocacy group Voice for Victims said the sentence showed the justice system was "skewed in favour of offenders".
"The victims are hurting, they're hurting a lot, and they will hurt for a lifetime," he said.
"Here today, we see just another situation where the victims have just got to grin and bear it and live with the lifetime of tragedy that they've been left with."
Queensland Minister for Justice Deb Frecklington described the crash as horrific.
"I will be considering all aspects of today's sentencing and obtaining further advice about the legal options available to me," she said.