Appeal judge questions sentence of baby killer

as posted here

The jail term handed to the 25-year-old drink driver who killed 11-month baby Grace Moorby after crashing into her front yard seemed low considering the "colossal" amount of alcohol he drank before the incident, an appeal judge said today.
Appeal Judge Geoffrey Miller’s comment came as the State appealed against the three years and eight months sentence handed to Benjamin Alan Butler last November for the tragic death of Grace Moorsby and the injuring of her mother Tania Moorby when he careered into their Thornlie yard on April 18, 2007 with a blood alcohol reading of 0.166.

During Butler’s sentencing, the District Court was told he had felt "seedy and hung over” when he decided to drive to local shops shortly before 1pm after a night of drinking more than a dozen pre-mixed bourbon and scotch drinks.

During the trip, he accelerated heavily in his Holden Monaro to overtake two cars. His speeding car clipped one of the vehicles which was turning right, mounted a kerb and became airborne before landing in the front yard of the Moorbys’ home, where Mrs Moorby was wheeling Grace in a pram after returning from a shopping trip.

Director of Public Prosecution’s director of legal services Ken Bates argued yesterday that the jail term handed to Butler had been at the lower end of the scale despite the sentencing judge, Judge Richard Keen, ruling the crime had been towards the higher end of seriousness.

Mr Bates said Butler had chosen to drive despite having a blood-alcohol three times the legal limit.

Butler received 34 months jail for driving while incapable and occasioning death, plus ten months for causing bodily harm to Mrs Moorby by breaking her ribs in the collision.

Yesterday, Justice Miller said the sentence seemed at the lower end of the scale given how much alcohol Butler had consumed and questioned whether a jail term of two years and ten months for baby Grace’s death had been enough.

"His level of alcohol was so colossal that it seems to me... that the sentences are very much at the lower end," he said.

Justice Christine Wheeler, who pointed out the crime had not involved other aspects of bad driving such as a police chase or persistent speeding, suggested "a pattern of inappropriate sentencing" was possibly to blame because it may have created the accepted sentencing range in which Butler’s jail term fell.

Justice Wheeler also queried whether Butler had been aware of how incapable he was of driving when he got behind the wheel, with Justice Christopher Pullin suggesting the crime would have been worse if Butler had got into the car straight after a drinking session.

But Justice Geoffrey Miller said Butler would have been aware he was still intoxicated.

"He must have known that he was affected by alcohol," he said.

The three judges reserved their decision yesterday.

PERTH
CHRISTIANA JONES


as posted here