Thursday 25 June 2009

Baby death: Drink driver's sentence upheld

as posted here

The Court of Appeal in Perth has upheld the sentence of a drink driver who accidentally killed a child when his car spun out of control.

Benjamin Butler, 25, pleaded guilty to one count of dangerous driving over the death of 11-month-old Grace Moorby.

The baby was being pushed in a pram by her mother when Butler crashed into the front yard of their home in Thornlie in April 2008.

He was sentenced to three years and eight months' jail.

Prosecutors appealed the jail term, arguing it should be increased by 10 months.

But two of the three appeal judges today ruled the sentence was appropriate.

Butler will be eligible for parole next year.

as posted here

Baby Grace's killer wins appeal

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

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