Mitchell Deane Franklin found guilty of causing the death of Harvie Spencer by dangerous driving
A DRIVER who killed an innocent motorist while distracted by a wrestling video on his in-car DVD player has been found guilty, and told by a judge he should prepare himself to go to jail.
A DRIVER who killed an innocent motorist while distracted by a wrestling video on his in-car DVD player has been found guilty, and told by a judge he should prepare himself to go to jail.
Mitchell Deane Franklin, 28, showed no visible reaction on Friday evening when, after four hours’ deliberation, a District Court jury found him guilty of causing the death of Harvie Spencer, 86, by dangerous driving.
Outside court, Mr Spencer’s granddaughter, Chantelle Walker, wept with relief
“Honestly we are happy with the outcome,” she said on behalf of her family.
“We got the verdict that we thought it should have been after three-and-a-half years of waiting.
“We are just glad the jury has seen he was responsible for his actions on the road that day.”
By majority decision, the jury of five men and seven women ruled that Franklin’s conduct in the seconds before fatally colliding with Mr Spencer on the Augusta Highway in June, 2013 was so grossly negligent as to be dangerous, not merely careless.
The jury also found him guilty of causing harm to one of his own passengers by that same dangerous conduct, and to a charge of driving while a TV receiver was operating.
Judge Paul Muscat told Franklin he would not revoke his bail nor cancel his driver’s licence but said that was no indication of what his sentence would be.
“Franklin, you realise you have been found guilty of some very serious offences,” he said.
“One of those requires this court to impose a non-parole period of not less than 80 per cent of the head sentence.
“There is every likelihood that you may be serving a jail sentence for these crimes.”
Franklin, of Andrews Farm, was remanded on continuing bail to face sentencing submissions in March.
Prosecutors had alleged he drove his ute into the rear of Mr Spencer’s sedan, which was lawfully stationary as it prepared to make a right-hand turn off the Augusta Highway.
During this week’s trial, prosecutor Michael Foundas said Franklin’s crime was that of simple, yet gross, inattention.
“He did not brake, he did not swerve, he did not reduce his speed. In short, he took no evasive action whatsoever,” he said.
It was alleged that Franklin had 10 seconds to avoid the crash but was distracted by an in-car DVD player showing WWE’s SmackDown: No Way Out event.
Giving evidence, Franklin tearfully apologised to Mr Spencer’s family, and conceded he should have been more vigilant, but denied he was watching the DVD.