Javarn Roy Doyle jailed for Clarke Creek triple fatal where his son died

A tired P-plater dad who had been smoking marijuana took the wheel of a car with defective tyres to drive three unrestrained passengers, including his toddler son, on a highway in the middle of nowhere during a violent storm. He survived. They didn’t.

Parents of two-year-old Izaya Jasperson who died tragically in a car crash on Sarina Marlborough Rd in Clark Creek, Kira Jasperson and Javarn Doyle. Picture: Facebook

It was a recipe for disaster.

A tired P-plater whose licence had been disqualified six times and who had been smoking marijuana before he took the wheel of a car with defective tyres to drive three unrestrained passengers, including his toddler son, on a highway in the middle of nowhere during a violent storm.

Those were the key factors that led to the deaths of two-year-old Izaya Japerson, 18-year-old John Gus Kershaw and 59-year-old Kathleen Anne Whelan, Rockhampton District Court heard on Tuesday during the sentencing of the driver of the Holden Commodore Omega – Javarn Roy Doyle.

John Gus Kershaw, pictured with his sister Clair, was 18 years old when he and two others were killed in a tragic accident at Clarke Creek, about 190kms north of Rockhampton, on November 11, 2021.

Judge Jeff Clarke said Doyle “quite simply … shouldn’t have been driving” that fatal night in 2021.

Doyle, now 23, left a petrol station at Marlborough, north of Rockhampton, at 8.28pm on November 11, 2021, and drove 84.7km up the Marlborough-Sarina Road towards Nebo before crashing some time between 9.42pm and 10.12pm, Crown prosecutor Tiffany Lawrence said.

The young dad had mentioned to a passenger he felt tired and knew he needed to find a rest stop, but kept driving.

Doyle fell asleep at the wheel, crossed over into the southbound lane on Grave Gully bridge travelling at 91-94km/hr, hit a barrier of the bridge, became airborne and drove off the bridge.

The vehicle hit an embankment and collided with the timber support of the bridge underneath.

Doyle’s then defacto partner and mother of Izaya, Kira Jasperson, was not wearing a seatbelt and was ejected from the car, pinning her between the car and a concrete bank.

Ms Whelan, who Doyle described as like an aunt, was in the front passenger seat and was killed instantly.

Judge Clarke said Doyle kicked his way out of the car and saw Mr Kershaw seriously injured in the back seat.

Mr Kershaw died en route to hospital.

‘THE LOSS OF BRIGHT, HAPPY, PLAYFUL LITTLE BOY’

Doyle found his son, who was not breathing.

He searched for his phone for 20 to 30 minutes after the crash and called emergency services who instructed him through CPR for his son.

“He also rendered assistance to (Ms Jaspersen) and (Mr Kershaw) who later passed away,” Judge Clarke said.

“To your credit, you did not leave the scene or fail to render assistance to those injured or who ultimately died.”

Doyle’s only injury was a laceration on his leg.

Ms Jasperson, who spent time in the intensive care unit after the crash, sustained lacerations to her forehead and foot which required surgery, abrasions to other parts of her body and an internal injury to her lung.

Parents of two-year-old Izaya Jasperson who died tragically in a car crash on Sarina Marlborough Rd in Clark Creek, Kira Jasperson and Javarn Doyle. Picture: Facebook

She also suffered a blowout fracture around the right eye and a dislocated hip which treatment by trained medical staff.

“The victim impact statements confirm the sense of loss and sorrow of lives lost; the loss of a bright, happy, playful little boy,” Judge Clarke said.

“The victim impact statements were quite sad to read.”

The court heard Doyle, whose mother abused alcohol and had been incarcerated, had been diagnosed with post traumatic stress disorder from the crash.

He participated in an interview with police the day after the crash and a warrant was issued for his arrest in February 2023 but he was not arrested until June as police could not locate him.

‘TAKEN OFF’ TO NSW; CONCERNED ABOUT PRISON TIME

Judge Clarke said Doyle told a psychiatrist he had “taken off” to New South Wales because he was concerned about the length of prison time he would have to serve for this crash.

Doyle, who never knew his father and has a limited education, pleaded guilty to one count each of dangerous operation of motor vehicle causing death and grievous bodily harm, driving a defective vehicle, failing to ensure adult passengers wore fitted seat belts, failing to ensure child under four years in appropriate seat and restraints, drug driving and unlicensed driving.

His criminal record includes convictions for attempted robbery in company in 2019 and sentenced in Rockhampton District Court in December 2022.

Doyle’s traffic record included prior convictions for failing to ensure passengers used properly fitted seat belts, evasion, speeding, six occasions where his P licence was disqualified due to demerit points and four occasions he was subject to night-time driving restrictions.

Judge Clarke sentenced Doyle to six years prison, declared 524 days as time already served and took into account 136 days previously declared during his December 2022 sentence, and set a parole eligibility date for July 24, 2024.

“You were rather relatively young, inexperienced and otherwise irresponsible driver,” he said.

Judge Clarke also ordered two six-month disqualifications and one absolute disqualification from driving.