Mark Darren Burns jailed for five months over inattentive driving that caused triple fatal crash on Yorke Peninsula
A MAN has been jailed over his inattentive driving that caused the deaths of two Adelaide parents and a teenager in a horror holiday crash last year. ANALYSIS: Why did he get only five months jail?
A MAN who caused a horror long weekend crash that killed two Adelaide parents and a teenager could serve his five-month prison term in the community, a court has heard.
Bradley Thomas, 32, his wife, Rebecca, 36, and 13-year-old Jackson Tudhope died in the Yorke Peninsula crash on June 8 last year caused by the negligent driving of Mark Darren Burns, 41.
Burns, who has previous motoring convictions for drink driving as well as driving unregistered and uninsured, was originally charged with three counts of causing death by dangerous driving and two counts of causing serious harm by dangerous driving.
Prosecutors downgraded those more serious charges — angering the victims’ families — and Burns subsequently pleaded guilty to a lesser count of aggravated driving without due care.
In the Elizabeth Magistrates Court on Wednesday, Burns — who apologised at the last hearing for his “ill advised” actions — was sentenced to five months’ jail after receiving a 30 per cent discount for his guilty plea.
He was also banned from driving for 15 months.
Although Burns, of Bridgewater, was not drunk, on drugs, using his mobile phone or fatigued Magistrate Nicholas Alexandrides described his inattention as being at the “upper end” of seriousness that caused an accident with “serious and fatal consequences”.
“All the victims’ (families) expressed their anger at the needless and avoidable damage you caused,” he said.
“It is quite clear that any sentence imposed by this court must properly account for the loss of life and serious harm ... you caused by your neglectful care.
“This is a serious offence and its impact has been profound.”
While he declined to suspended the landscape business owner’s jail term, Mr Alexandrides ordered reports to gauge whether he was a suitable candidate to serve it in the community on home detention under new laws introduced last week.
Burns, a former professional athlete who declined comment outside court, was remanded on continuing bail to face court again later this month.
His lawyers foreshadowed a potential appeal.
The charge downgrade had meant that, instead of a potential 15-year jail term, Burns faced a maximum 12 months’ in prison.
The minimum period of licence ban he will be liable to serve is six months, rather than 10 years.
Mr and Mrs Thomas, who left behind two children, were returning to Golden Grove from a family holiday from Wallaroo while Jackson was travelling home to Kadina after a state hockey carnival in Adelaide.
Burns, who was returning from Ardrossan, failed to see Mr Thomas’ blue Ford Territory — because of a “haze” — as he drove his white Toyota Landcruiser ute — into the intersection of the Copper Coast and Yorke Highways at Beaufort at 11.15am on the holiday Monday.
Mr Thomas took “evasive” action, and flipped his car after hitting the gravel verge before their car smashed into a silver Holden Epica, carrying Jackson and his parents Bronwyn Starick and Malcolm Tudhope. The magistrate all victims were blameless.
Jackson, a gifted sportsman, died three days later in the Women’s and Children’s Hospital after his seriously injured parents made the “agonising” decision to switch off his life support on their wedding anniversary.
Mr Thomas’ stepdaughter Charlotte, now 12, and son Hudson, now 5, were also injured and the little boy is an orphan living with his grandparents.
Last week victim impact statements read to a packed court last week by Jackson’s mother and father and Mr Thomas’ parents, Ian and Jenny, told of their ongoing devastation.
The Magistrate said: “These were a powerful articulation of the enormous harm you (Burns) caused.”
During the same hearing Burns wept as he admitted he was unlikely to forgive himself for not seeing the approaching cars, which he said was hidden by a “haze”.
Jackson’s father admitted the sentence “sucks” but the family declined further comment.
Bradley Thomas’ parents, Ian and Jenny, of Modbury Heights, did not attend Wednesday’s hearing.
In a statement to The Advertiser they said: “Today we resumed our normal Wednesday routine — dropped Hudson at school, went to the gym and did a Pump class, then picked up a coffee then on to the cemetery.
“Shortly we will pick Hudson up, watch him at basketball then home for groundhog day. This is our life.
“No sentence imposed by the court will alter the fact that Brad Thomas, Rebecca Thomas and Jackson Tudhope are DEAD and that countless lives have been changed forever.”
They added: “This sentence may at least show Mr Burns what it is like to live your life (at least for a while) without having full control over it. Fortunately for him, his sentence will end whereas ours will continue.”