as posted here
The State has lost its appeal for a tougher sentence against drunk driver Benjamin Butler, who killed baby Grace Moorby and injured her mother Tania in front of their Thornlie house.
Butler's speeding car clipped one of two vehicles he was trying to overtake on a Thornlie street in April last year.
His car then mounted a kerb and became airborne before landing in the front garden of a house where Tania Moorby was wheeling her daughter in a pram after coming home from the shops.
The force of the collision flung Mrs Moorby into her neighbour's garden and sent debris flying on to the roof.
Grace was hit and landed on the front porch. She died at the scene.
Butler, 25, who had a blood alcohol reading of 0.166 on the day, pleaded guilty to dangerous driving causing the death of baby Grace and dangerous driving causing bodily harm to Mrs Moorby.
He was jailed in November last year for 44 months and he could be eligible for parole after serving half the term.
The Director of Public Prosecutions had sought to increase the sentence, arguing that the case was at the "upper end of seriousness" but the sentence handed down was at the bottom end of the range.
The maximum sentence for such an offence was 20 years.
The appeal was today defeated by a 2-1 majority.
One judge hoped to increase the jail term to 4 years and 10 months, but he was overruled by his two colleagues who dismissed the appeal.
as posted here
all round bad news story here, no winners, sad but true, our justice system seems to be lacking in something, what ever the reason that he got of lightly, we must consider what did he deserve, what did the child deserve, but we must all have faith and hope for the best ...
ReplyDeletejust to add to that Berehaven is just behind my house and we still here cars racing up and down that road ... so much for 50km zone ...
ReplyDelete