William Maxwell Graham spared immediate jail over crash that killed Malcolm “Mally Boy” Gollan
A DRIVER who struck and killed a man has been spared immediate jail, but he has to comply with an unusual court order.
A DRIVER who struck and killed a man has been spared immediate jail but will be required to maintain the roadside shrine of his victim.
The District Court on Friday ordered William Graham be responsible for the upkeep of the memorial to Malcolm “Mally Boy” Gollan as part of his sentence.
Graham, 21, of West Lakes, pleaded guilty to one aggravated count of driving without due care and one count of leaving the scene of an accident over the death of Mr Gollan at Rosewater in December, 2014.
Prosecutors had laid the more serious charge of causing death by dangerous driving but downgraded that earlier this year.
During sentencing submissions last month, Mr Gollan’s family said they wanted Graham to maintain a roadside shrine as part of his sentence.
The court on Friday heard Graham, who sobbed and hyperventilated in the dock, had taken a pebble with the word ‘sorry’ written on it to the shrine on Hardy St.
In sentencing, Judge Sydney Tilmouth said Mr Gollan was a well respected, admired and contributing member of the Aboriginal community.
Judge Tilmouth said Mr Gollan had been drinking at a pub for about two hours before going to his parents’ house and then walking home to nearby Queenstown.
“For some unexplained reason he was lying on the roadway in Rosewater,” he said.
“(Graham) ran over him, dragged him under the car for more than 70m along the road before reversing some 6m or so and departing the scene.”
Judge Tilmouth said Mr Gollan had a blood alcohol reading of 0.251, which had provided a possible explanation that he might have passed out.
He said Graham had made a serious mistake by reversing over Mr Gollan and then steering around the body.
“To your credit, you did, however, telephone police 20 minutes later and admitted you had run someone over in the area,” he said.
“There is no allegation of dangerous driving, as no speed, alcohol or drugs were involved.”
Judge Tilmouth said Graham had acknowledged problems with his eyesight and left the incident “in a moment of panic and paralysis of mind”.
“You will have to live with the odium, and they with the gruelling memory, of this tragedy for the rest of your lives,” he said.
Graham was jailed for one year, four months and two weeks, with a non-parole period of 10 months.
His sentence was suspended on condition upon him entering a $2000 18-month good behaviour bond, which included maintenance of Mr Gollan’s shrine.
Graham was also disqualified from holding or obtaining a driver’s licence for 11 years.
Outside court, Graham was confronted by angry and emotional members of Mr Gollan’s family, who launched expletive-laden tirades.
Mr Gollan’s mother, Sharon Gollan, said she expected Graham would be spared jail but was heartened that he would have to maintain the shrine.
“When we visit when we can’t go home to share in our grief is to go to that place and to see it clean instead of having grass everywhere,” he said.
“For the length of the time that he is on this bond he has got to be reminded. He has got to go to Hardy St and he has got to have that connection with my son.”