Shontelle Fulton sentenced for drunk driving death of fiance Shannon Dryburgh
A woman was pulled out of a pub by the arm, grabbed by the hair, and forced to drive drunk by her fiance before a crash that left him dead, a court has heard. But prosecutors argued she should still serve jail time.
Police & Courts
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A Whitsundays woman claims the fiance who had inflicted horrific domestic violence on her during their relationship “dragged” her from the pub and forced her to drive drunk the night the couple’s car flipped, leaving him dead.
Mackay District Court heard Shontelle Elizabeth Fulton and Shannon Dryburgh left the Prince of Wales Hotel in Proserpine drunk, before a dramatic crash flipped their station wagon on Conway Road.
Judge Gregory Lynham said the crash, which occurred about 6pm June 30, 2021, left Dryburgh with “unsurvivable chest injuries” and Fulton crying out to paramedics that “he made me drive”.
Defence barrister Scott McLennan told the court due to Fulton’s guilty plea to dangerous driving while intoxicated causing death, “the defence of compulsion isn’t available” but remained a “powerful mitigating factor”.
He said Dryburgh was domestically abusive towards Fulton throughout their six-year relationship, saying it was his jealous and drunk behaviour at the pub which caused them to leave.
“He apparently choked a man for looking at my client”, Mr McLennan said.
“She’d been marched out by her arm and grabbed by her hair and ordered to drive.
“A lot of their domestic violence incidents happened at pubs when he got jealous of other men.
“This isn't (a usual case) of someone drinking at a pub who decided to risk it. This is (where she) was dragged out and told by an extremely violent man to leave.”
Crown prosecutor Melissa Wilson said prosecution accepted domestic violence had occurred, but argued Fulton should still serve actual time behind bars.
“(Fulton) has knowingly created a dangerous situation on the road (with) complete disregard for other (drivers)”, Ms Wilson said.
“(The witness at Prince of Wales) had offered to have them stay at a motel and to pay for that.
“But she made a conscious decision to drive intoxicated.”
Ms Wilson said there were no comparable drunk driving fatal cases where the driver hadn’t served actual jail time, but Mr McLennan argued “unusual cases can call for unusual sentences”.
Mr McLennan said Fulton had hidden $100 in her bra for a taxi home and had never intended to drive, which Proserpine Base Hospital records confirmed had been found when she was transported there by ambulance.
The court heard violent details of previous domestic abuse by Dryburgh to Fulton, including one occasion on August 6, 2020 in Airlie Beach where a drunk night out ended with Dryburgh insisting he drunk drive.
He punched Fulton in the face as they drove down Shute Harbour Rd and threatened they were “going to a bridge to feed you to the crocodiles”.
They also heard details of another occasion in 2015, just months after they had begun dating, where Dryburgh held a knife to her throat in front of Fulton’s young child.
Just months after that in 2016, Dryburgh mashed meat tray sausage into her hair and stood on her neck, saying “Today’s the day you’re going to die”.
Judge Lynham said the real issue was whether Fulton would serve actual imprisonment, saying the case was a “highly unusual one” and that “if I don’t send you to jail, it would be a very unusual sentence”.
“I must carefully weigh up (driving) while grossly intoxicated (where) you posed a great danger to road users”, Judge Lynham said.
“(And that) the domestic violence incidents were of such magnitude that over time you became intimidated and scared (so as to be) compelled to do things you might not otherwise have done.”
Fulton pleaded guilty to dangerous operation of a motor vehicle causing death and driving while intoxicated.
She was sentenced to four years’ jail, wholly suspended for five years, and banned from driving for 18 months.