When David Smith was killed by a speeding car being driven “erratically” in Melton more than two years ago, a family was “fractured” and a mother “robbed” of her carer, a court heard.
James Carroll, 22, was last month sentenced to three-and-a-half years’ jail after facing one charge of dangerous driving causing death.
The County Court heard Carroll drove through a red light into Coburns Road from Barries Road, his car colliding with that of Mr Smith. Carroll was travelling 27km/h above the speed limit at the time of the collision.
Carroll told police he was being chased by a driver of a black sedan he was seen arguing with moments prior to the crash. Carroll said the driver of the black sedan approached him, with something that looked like a pole in his hand, before he, Carroll, drove “pretty erratically” in an attempt to get away.
The quality of dash cam footage tendered to the court was too poor to establish whether the other driver had a weapon, Judge Christopher Ryan said.
“On balance, I am prepared to find that [the driver] was armed,” Judge Ryan said. “Further, it is plain that [the other driver’s] conduct was aggressive and directed towards you.”
Judge Ryan said that while the driver of the black sedan was acting aggressively towards Carroll and pursuing him, he was “many” metres behind Carroll and didn’t follow him on to Coburns Road.
“Whilst I accept on balance that you were scared of [the driver] and what he might do to you, the objective circumstances of your situation were that you were in a motor vehicle and unlikely to be physically assaulted should you have remained in it,” Judge Ryan said.
Traffic conditions on the day of the collision were described as being between moderate and heavy and Carroll put a number of people at risk by driving “erratically”, the judge said.
Although Judge Ryan accepted Carroll’s fear was “based in fact”, the actual threat “was not the kind he perceived”.
“You have fractured a family. You have robbed [Shirley] Preddy, a woman in poor health, of her carer, who was her son and companion. Her health and general wellbeing has deteriorated as a result of the loss of her son,” Judge Ryan said.
“You have left a gaping hole in her life and that of her two sons and their families.”
Carroll will be eligible for parole in two years.
