Mitchell Robert Hill pleads guilty to dangerous operation of a motor vehicle
It started as an argument between two men. One threw an iced coffee, which triggered a dangerous pursuit that ended in a collision and one of the men dying from his injuries. Now, a court has heard what transpired.
Ipswich
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An Ipswich court has heard details of the events that led up to a high-speed crash on one of Ipswich’s busiest intersections, in which a 36-year-old man lost his life.
Separate road rage incidents leading up to the tragic death of Daryl Levien were laid out when Mitchell Robert Hill faced sentence at Ipswich Magistrates Court, after he pleaded guilty to dangerous operation of a motor vehicle and a string of unrelated charges this week.
Hill was fined more than $13,000 but he avoided doing jail.
Hill, 24, from Churchill, pleaded guilty to dangerous operation of a motor vehicle in Ipswich on July 2; failing (evasion) to stop for police on September 1; wilfully making unnecessary noise and smoke on September 1; dangerous operation of a motor vehicle in Heathwood just before midnight on September 5; failing (evasion) to stop for police on September 5; and receiving tainted property (registration plates) between July and August.
The Ipswich court heard Hill was not held responsible or charged with any offence directly relating to the death of Mr Levien, a former New Zealand resident, at Warwick Road on July 2, 2020.
Police prosecutor Sergeant Brad Dick said the sequence of events leading up to the fatal crash began about 12.40pm on July 2, 2020, with Hill, who was behind the wheel of a blue Toyota Camry, becoming involved in a minor road rage with the female driver of a white Kia on Warwick Rd.
The court heard she became scared and pretended to film Hill, who then took off.
Soon after, Sgt Dick said Hill became involved in a minor road rage with the driver of a silver Mercedes SUV at Churchill St.
“He threw an iced coffee drink over the passenger side of the Mercedes near the old police station and both drivers turned into East St,” Sgt Dick said.
“The driver of the Mercedes got out and confronted him about what occurred.
“Witnesses say he (Mr Levien) told Hill ‘I have you on camera’, which was followed by expletives.
“Hill reversed back along East street then into Court St and onto Nicholas St.”
Sgt Dick said the dangerous driving occurred along Moffatt St driving east at speed where both Hill and Mr Levien overtook a silver Hyundai on the incorrect side of the road.
The court heard Hill later told police that as he approached the MacAlister St roundabout, he was travelling at speed and was unable to make a turn so he continued ahead.
By then he was 180 metres from the Warwick Rd intersection and the traffic light was already red, Sgt Dick said.
The court heard police investigations revealed that the red light had been “stale for 24 seconds” when Hill arrived at the intersection, but he drove past stopped vehicles and went through the red light.
He was followed by the Mercedes, which was struck by another vehicle.
Sgt Dick said the Mercedes SUV was seen spinning in mid-air before rolling several times.
The crash was followed by a public appeal from police for the driver of the blue Camry to come forward.
The court heard Hill and his mother attended Yamanto police station the next day.
“He said he deliberately ran the red light to get away from the Mercedes Benz that was chasing him,” Sgt Dick said.
The court heard that just weeks after the fatal accident, Hill was involved in a second dangerous driving incident, two evasions of police, and wilfully making noise and smoke.
“He has shown utter disregard for other road users. His behaviour has been that of a complete and utter menace on the road. A serious risk to others,” Sgt Dick said.
He outlined how in separate offending, Hill late on September 5 behind the wheel of a red Commodore drove at speeds of 110 km/h in a 60 zone, travelled around a bend on the incorrect side of the road, passing a line of vehicles on the wrong side.
Police had been called to Heathwood industrial area just before midnight because of a gathering of hoon drivers and had to disperse 50 vehicles.
They tried to stop Hill but the driver shook his head and mouthed the word ‘no’. The police patrol abandoned the pursuit because of the potential danger.
Sgt Dick said police sought for Hill to receive actual jail time for his offending. The prosecution accepted he was not responsible for the death of Mr Levien.
Defence barrister Stephen Kissick said while Hill did throw the drink, the other driver then reacted aggressively.
“Mr Levien was sadly the author of his own demise,” Mr Kissick said.
“A witness saw him exit his Mercedes Benz walking to a blue Camry and yelling profanities.
“However, I cannot say anything good about his (Hill’s driving) on another occasion. It was appalling behaviour. That driving was unjustifiable and inexcusable.
“Young men’s brains take time to develop.”
Magistrate Leanne Scoines said it was evident that what occurred “had completely gotten out of hand” with both drivers travelling at speed through the streets of Ipswich.
“The red light was said to be stale at 24 seconds. Time to stop if travelling at 60 but you didn’t,” Ms Scoines said.
“He (Mr Levien) chose his course of action to drive through the red traffic light.
“You conducted yourself in such a way that it was dangerous operation of a motor vehicle.”
Ms Scoines sentenced Hill to nine months jail for the dangerous operation charge on September 5, suspended for two years, and three months jail, suspended, for the July 2 offence.
Hill was fined a total of $13,345 for the two evasion of police charges, $500 for a burnout, and $300 for receiving tainted property.
He received two driving disqualifications of two-years, and two of six months.
Ms Scoines made it clear she was not impressed by his driving.
“You probably think you are a fairly spectacular driver, gifted. You are not,” she said.
“In fact you are a grossly unskilled driver.”