Lynden Roby to serve nine months behind bars after crash that killed Harrison Payne

The father of a teen killed in a horror Bribie Island beach crash has told the driver responsible “he’ll never forgive him” as the final haunting text to his son is revealed.

A man who killed his “friend” in a fatal crash on Bribie Island will serve just nine months behind bars, a court has heard. 

Lynden Joshua Roby, 20, was sentenced to three years’ jail, suspended after nine months for the dangerous operation of a vehicle causing the death of Harrison “Harry” Payne on May 30, 2021.

His licence was also disqualified for three years.

The court heard Roby, then 18, had performed “power slides”, doughnuts and fishtails, and had been seen to become airborne several times before his Toyota HiLux crashed, rolling on the driver’s side about 4.30pm.

Harry sustained “catastrophic injuries” to his skull, brain and spine, with his lifeless body found 10 metres from the 4WD.

Crown prosecutor Philip McCarthy told the court Roby had shown “no insight” following the crash, booked for a number of traffic offences including performing doughnuts in a building estate, speeding through a school zone, going through red lights and driving unlicensed. 

Mr McCarthy said the pair were part of a “convoy” of young people who had met at the beach, only accessible by 4WD.

“They appeared, at times, to be racing each other,” he said.

The court heard despite the 50km/h speed limit, witnesses saw Roby driving between 70km/h and 90 km/h.

The court was told immediately after the crash Roby said: “I’m a f--king idiot, it’s all my fault.”

Harrison ‘Harry’ Payne was 18 when he was killed in the crash on Woorim Beach. . Picture Facebook

In heartbreaking victim impact statements, members of Harry’s family spoke of how they wished their much-loved son, brother and friend had “never met” Roby.

Harry’s dad Kent claimed Roby had shown “no remorse” since his son’s death.

“This is a life sentence,” he said.

“I’m so appalled by your actions. (Roby) took Harry from us – he is responsible for his death. It should never have happened.”

Mr Payne said he sent a text message to Harry the afternoon he died which read ‘Be safe mate. I love you’.

He told Roby “I will never forgive you”.

Harry’s mum Kylie spoke about her “baby boy” and how she had been unable to return to work following the crash.

“The thought of my baby boy, alone by himself, still breaks my heart,” she said.

“I wanted to be with him, to hold his hand, keep him warm.”

Harry’s brother Noah said “the day (Roby’s) actions killed my brother is also the day he killed my family

While sister Emily Payne spoke of her brother’s “cheeky demeanour” and “goofy smile”.

“I look at pictures and videos of us together just to try and hear a snippet of his laugh, I lay on his bed and I smell the unwashed clothes he left behind and dread the day that they will no longer smell like him – this is how I am now left to remember my brother.”

Harrison Payne’s parents Kent and Kylie, family and supporters outside Brisbane District Court. . Picture: Liam Kidston.

Outside court Harry’s parents said they respected the court system and the outcome, but that “no jail time was ever going to bring Harry back”.

Roby’s barrister Patrick Wilson told the court his client had penned a letter indicating remorse, grief and the “profound impact on what he’s done”.

“He speaks of being consumed by overwhelming feelings of grief, going into a self-destructive episode.”

The court was told Roby was suffering from post-traumatic stress disorder and was “mentally unstable” after the crash.

Mr Wilson said his client was “not a man in a good frame of mind” and that discussions with a psychiatrist had indicated Roby wished he had died in the crash instead of Mr Payne, the court was told.

Brisbane District Court Judge John Allen KC said Roby had demonstrated “promising prospects of rehabilitation” but said the crash had been horrific.

“His head was crushed between your vehicle and the beach,” Judge Allen said during his sentencing.

“You deprived him of the rest of his life and others of the benefit of that life in the future.”

But, in an interview with The Courier-Mail Mr Payne said everyday is a “nightmare”.

He said their “baby boy” was 18 for just 22 days before the appalling “crash” which could have been “prevented”.

“It puts life into perspective when you are impacted by something so traumatic like the loss of Harry – everyday is precious,” he said.

Kent and Kylie Payne speak with the media outside court on Monday, surrounded by family and friends. . Picture: Liam Kidston.

“Everyday is a nightmare, everyday is a battle to try and understand why this happened and get through the day.”

But Mr Payne said having support from the beginning is so important to be able to process grief and loss.

He said when families go through a “traumatic” death they often “go to ground”.

“We are 18 months down the path and it certainly doesn’t get any easier – I still get counselling and support.”

Mrs Payne said the family, including Harrison’s older brother Noah, 26, and sister Emily, 21, are coming up to their “heartbreaking” second Christmas without Harry.

Asked whether the family have changed their perspective on life following the death of their son, Mrs Payne said “we don’t take anyone or anything for granted”.

Since the crash, Harrison’s parents have set up a not-for-profit group, The Harrison Payne Initiative, which aims to create change around beach, 4WD and road safety while providing support for families who have experienced similar tragedies.

“Our whole aim is to make a material difference in the community and support victims of road and beach trauma,” Mr Payne said.

Kylie and Kent Payne.

“It is unacceptable what is happening on our roads and beaches – every time you turn on the TV there is another life lost.

“It’s important to get support and talk to people because who knows where we would be if we didn’t – we will never get over it.”

Mr Payne said the family would never get over Harrison’s death but will “learn to cope”.

“Shortly after the crash people would tell me ‘things will get easier’ but that’s the wrong advice,” he said.

“Life will never be the same again – we treat things differently – Christmas is different, birthdays are different.”

Mrs Payne said it was important for other families to have the “courage” to ask for help.

She said the initiative was about helping other families “in this position” from the “very beginning”.

“Nothing will ever bring Harry back – the initiative is his legacy now,” Mrs Payne said.

Harrison and Roby both graduated from St Eugene College, at Burpengary in 2020.

Mr Payne said the initiative, through the Queensland Police Service, has sponsored a brochure for Year 12 school leavers about the importance of responsible driving and knowing when to speak up as a passenger.