Fatal crash driver’s jail termfitting, sayscourt
A MAN who was driving with a concoction of drugs in his system when he caused a crash that killed a mother and left two teenagers in wheelchairs has lost his bid to lower his nine-year jail sentence.
Donald John Moody was driving between Gympie and Agnes Water three days after Christmas in 2012 when he crossed to the wrong side of Childers Rd at Pine Creek near Bundaberg and crashed into a car carrying a family of five.
Miles mother Sandra Meehan died and her two teenage children, Sharon and Dylan, received traumatic brain injuries and spinal injuries that left them both paraplegic.
Sandra's husband David suffered lacerations to his arm and fractured his right foot.
Their 12-month-old baby girl was not seriously injured.
Moody, now 47, was on his way to his Agnes Water home after buying drugs in Eumundi, a court judgment said.
He had been driving with a cocktail of drugs in his system, including amphetamine, meth, diazepam and THC, the active ingredient in marijuana.
Moody was sentenced to nine years jail last year after being convicted of dangerous operation of a motor vehicle causing death and grievous bodily harm while adversely affected by an intoxicating substance.
He applied to the Queensland Court of Appeal to lower his sentence, arguing the sentence was excessive and the sentencing judge did not make an allowance for his guilty plea.
But on Friday the Court of Appeal dismissed this.
In a judgment, Justice David Jackson said Moody had been awake for two days under the effect of amphetamines before the crash.
"While it must be acknowledged he was not deliberately using his vehicle as a weapon or to drive dangerously, the degree of comparative culpability involved in his preparedness to drive long distances at relatively high speeds in such an intoxicated state is not to be discounted," Justice Jackson said.
He also said the catastrophic effects for the Meehan family had to be vindicated by an appropriate sentence.
"In my view, there is no reason in the circumstances to conclude the head sentence of nine years was manifestly excessive," Justice Jackson said.
- ARM NEWSDESK