A woman whose dangerous driving caused the death of a married father of three will be “haunted by the consequences” of her actions, a judge has said in jailing her.
Judge Gavan Meredith on Friday said deterring others and denouncing Evie Trikilidis’ conduct were an emphasis of his sentence.
Judge Meredith said in Melbourne’s County Court that an immediate prison sentence would weigh more heavily on Trikilidis than others, before she was led distraught from the dock.
The 25-year-old dental technician pleaded guilty earlier this month to dangerous driving causing death – as she had offered to do in September, 2012 – after the prosecution withdrew a charge of culpable driving she intended to contest at a trial.
Trikilidis had smoked ice (crystal methamphetamine) the night before she drove into the path of a prime mover, whose driver avoided her car but went on to collide with the deceased’s vehicle in a line of traffic on the Melton Highway in the early hours of September 26, 2011.
Judge Meredith told her the truck driver’s actions “may well have saved your life”.
Trikilidis told police at the scene she normally slept nine to 10 hours but had had about four hours sleep and was tired but “felt OK”.
Judge Meredith told Trikilidis he was satisfied beyond a reasonable doubt that her overtaking manoeuvre into the path of the truck was a “deliberate act on your behalf” and not an “involuntary drift”.
He could not “particularise” what role her drug use played, although a forensic doctor said that a test three hours after the crash found there were .3 milligrams of methamphetamine per litre of blood in her system.
The doctor reported that such a concentration was highly likely to have had an adverse effect on he driving skills.
At the time her then boyfriend was a drug user and her use was irregular and experimental, the court heard.
Judge Meredith accepted that Trikilidis indicated prior to her unsafe overtaking manoeuvre, but told her that “on any view your driving represented a serious breach of the proper management or control of your vehicle”.
The manoeuvre was “inherently dangerous” and her fatigue and drug use “increases your moral culpability”, he said, but also noted there was no suggestion of “adverse” driving prior to the manoeuvre, or of exceeding the speed limit.
Judge Meredith described as “eloquent testimony” the victim impact statements of the pain and suffering of the deceased man’s wife and three children, and commended them for the dignity they displayed in court.
He stressed that his role was not to “place a price on the life” of the man killed, but to denounce, punish and deter Trikilidis and others, assist her rehabilitation and protect the community.
A forensic psychologist reported that Trikilidis had undergone grief, shock and guilt, was now in a high state of agitation and fear, and had developed an adjustment disorder.
Judge Meredith took into account her early guilty plea and remorse, lack of prior convictions, and accepted that she had taken responsibility for her conduct and written a letter of apology.
“I accept that in the future you will be haunted by the consequences of your actions,” he told her.
Trikilidis was jailed for two years and three months with all but six months suspended for two years.
Her licence was also cancelled and she was disqualified from driving for 18 months.
