Inattentive driver who caused three deaths allowed to serve prison term on home detention
AN inattentive driver who caused a horror long weekend crash that killed two adults and a teenager, will serve his five-month prison term on home detention.
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AN INATTENTIVE driver who caused a horror long weekend crash that killed two adults and a teenager will serve his five-month prison term on home detention.
On Thursday, the Elizabeth Magistrates Court granted Mark Darren Burns’ application to serve his sentence — for killing Jackson Tudhope, and Bradley and Rebecca Thomas — at home.
The ruling means Burns must remain in his Bridgewater house except for remunerated employment, to attend medical appointments or in a life-threatening emergency.
He will also be subject to GPS monitoring of his movements.
It comes just two days after another home detainee — fraudster Lindsay Bassani — asked his conditions be relaxed because of the “stigma” his tracking bracelet causes.
Bassani’s case has sparked calls for a review of the system and for “remunerated employment” to be defined, as he owns a 24-hour gym and can therefore leave his home at any time.
Outside court, Mr Thomas’ father, Ian, said both cases highlighted the need for consideration of how the new legislation was being used.
“There’s too much of a gap between a jail sentence and a home detention sentence,” he said.
“Mr Burns goes home tonight, sleeps next to his wife, can turn his TV on whenever he likes and will have Christmas with his family — those sort of things have been taken away from us.
“I don’t believe home detention is enough of a deterrent.
“It’s not sending a message to the community that every time you get behind the wheel, you’re responsible for not only your safety but everyone’s safety.”
Burns, 41, initially accused of causing the deaths of Mrs Thomas, 36, husband, 32, and Mr Tudhope, 13, by dangerous driving on the Yorke Peninsula last June.
Mrs Thomas died at the scene, while Mr Thomas and Jackson, a promising hockey player who represented the state, were rushed to hospital but died several days later.
Mr and Mrs Thomas, who left behind two children, were travelling in a different car to Jackson — police alleged Burns was driving a third car that was undamaged in the collision.
The charges were downgraded to a single count of aggravated driving without due care, reducing his maximum jail time from 15 years to 12 months.
Last month, Burns was banned from the roads for 15 months and jailed for five months, and his counsel asked that prison term be served on home detention.
On Thursday, the court granted that application.
Outside court, Ian Thomas said he was disappointed by the court’s decision.
“When something happens as catastrophic as this was, that’s cost three people their lives, there needs to be a larger penalty,” he said.
Mr Thomas said the legislation governing both home detention sentences and the crime of driving without due care should be reviewed.
“Magistrates and judges are limited in how they deal with these matters (by the law), and there appears to be a lot of confusion about how they are to go about it,” he said.
“Sentencing needs to reflect public opinion more than is the case, and courts are unable to do that now.”