DPP appeals Baby Grace Moorby death driver sentence

as posted here

JAIL terms for drivers who kill may be low because of a "pattern of inappropriate sentences", a WA judge said today.

At an appeal hearing over the sentence given to drunk driver Benjamin Alan Butler, who killed 11-month-old girl Grace Moorby, Justice Christine Wheeler said the lowest jail sentence in similar cases might be too low.

The Director of Public Prosecutions Robert Cock has appealed the 44-month jail term handed to Butler, 25, last November after he pleaded guilty to causing death by dangerous driving.

Butler had a blood alcohol level more than three times the legal limit when the Holden Monaro he was driving smashed into the Moorbys' Thornlie house about 1pm on April 18 last year.

Butler attempted to pass two cars on Berehaven Ave at high speed but clipped one and crashed into the house, striking Mrs Moorby and baby Grace as she was being wheeled in a pram outside.

Grace, who was found under bricks, died at the scene. Police recorded a blood alcohol level for Butler of 0.166.

District Court judge Richard Keen sentenced him to two years 10 months jail for causing Grace's death and an extra 10 months for the injuries to Mrs Moorby.

Today, the court heard jail terms for dangerous driving causing death ranged from two to nearly seven years.

Justice Wheeler, who was one of the three sitting appeal judges, said the range might be low as a ``result of a pattern of inappropriate sentences over a period of time’’.

But she said Butler’s crimes would have been considered worse if he had driven and killed Grace on the night of his extensive drinking and not the day later.

DPP prosecutor Ken Bates today argued that the sentence was manifestly inadequate because while Judge Keen said the crimes were at the higher end of the scale, the sentence was at the lower end.

Butler’s lawyer John Prior said the term should stand as the judge took into account the time in jail was in line with the sentencing range and his client’s youth, his previous good character and remorse.

``There was genuine remorse, real remorse, separate from his plea of guilty,’’ Mr Prior said.

The judges reserved their decision on the appeal.


as posted here