Mitchell Hawkins, who was jailed over the Five Rocks crash which killed Hannah Dingle, back in Rockhampton court

A Rockhampton judge has handed down his decision after the driver responsible for the tragic death of a 16-year-old Capricorn Coast girl asked to be allowed to drive a vehicle again, which would see an absolute disqualification order made at his sentencing removed. See the result here.

The driver responsible for the tragic death of a 16-year-old Capricorn Coast girl will be allowed to drive again, after successfully having an absolute disqualification order made at his sentencing removed.

Mitchell James Hawkins was 23 years old when he was sentenced to two years and nine months prison for dangerous operation of a motor vehicle causing the death of 16-year-old Hannah Dingle in 2017 at Five Rocks.

He was ordered to serve eight months of a two year and nine month prison term with an operational period of five years.

Hawkins was also disqualified from driving “absolutely”, meaning he will have to apply to have the disqualification removed.

Mitchell James Hawkins was 23 years old when he was sentenced to two years and nine months prison for dangerous operation of a motor vehicle causing the death of 16-year-old Hannah Dingle in 2017 at Five Rocks. He has made an application to the court to have the absolute disqualification from driving lifted.

An application to have that absolute disqualification order removed was heard in Rockhampton District Court on May 30.

During his sentencing in 2019, the court heard Hawkins had gone to Five Rocks about once a month for four years, starting off with friends he made at workplace Hastings Deering.

The court heard Hawkins travelled to Five Rocks on November 25, 2017 after stopping to buy a carton of rum and cola.

He arrived at the popular beachside camping site about 5.30pm.

After setting up camp and socialising for a few hours, Hawkins started driving friends along the beach.

At one stage, he caught up with another vehicle and overtook it, while an intoxicated male slept in his back seat and Hannah was in the front passenger seat.

Hawkins was travelling at 70km/h when his car hit contours in the beach, making the vehicle bump many times before it became airborne on about the fifth contour, landed nose first into the next contour and rolled on its side.

Hannah Dingle was a talented artist and 'beautiful soul'.

Sentencing Judge Michael Burnett said that while the car was airborne, Hawkins could be seen moving around in the vehicle.

Hawkins’ sister was in the other vehicle.

Emergency services were called to Stockyard Point, near Five Rocks, at 11.20pm to attend the crash.

The court heard Hawkins first spoke with police in hospital at 3.50am and he gave a blood sample at 4.40am.

It returned zero for alcohol.

He spoke with police again later that day and admitted making illegal modifications to his car.

He had raised its suspension and removed the front sway bar a month before the crash.

Defence barrister Maree Willey told the court on May 30, 2022, that Hawkins had not been able to drive since being released from prison on December 16, 2019 – a period of almost 2.5 years.

“When released, he had done his best to reintegrate with society,” she said.

Ms Willey said Hawkins returned to the job he had before his incarceration – working as a mechanic – a job he started in January 2019.

Mitchell James Hawkins was 23 years old when he was sentenced to two years and nine months prison for dangerous operation of a motor vehicle causing the death of 16-year-old Hannah Dingle in 2017 at Five Rocks. He has made an application to the court to have the absolute disqualification from driving lifted.

She said he had relied on others to get him to and from work, and to run him around on errands.

Ms Willey said his employer had made “special arrangements” for Hawkins and while there was “no evidence to suggest his employment would be terminated effective immediately”, his employer did advise the special arrangement could not be maintained long term.

Police prosecutor Courtney Brown said police objected to the removal of the absolute disqualification due to relevant convictions on his traffic record of driving defective vehicles in 2016, 2017 and months before the sentence.

The court heard he was also issued a notice in November 2021 for a defective vehicle he owned but that was registered in his mother’s name.

“That has a lot of relevance, Your Honor, given the nature of the events involved vehicle modifications that didn’t come up to the legislative standards,” Ms Brown said.

She said the just over two years and five months Hawkins had been back in society and without a licence was not a “lengthy enough time to satisfy the community demands for punishment”.

Ms Brown referred to a comparison case where the driver was without a licence for three years.

She said in the application before the court, there was “little evidence to demonstrate sufficient change of character”.

She referred to Judge Burnett’s sentencing remarks that Hawkins’ life had been “significantly destroyed and ruined”.

Ms Brown said there was no doubt Hawkins was scarred by the incident.

“In his own affidavit he states ‘the event is still very vivid in my memories and my dreams. My bad decision is before me for the rest of my life’,” she said.

Hannah Dingle has been remembered as a smiling and happy person.

“Yet, (Hawkins) comes before the court with no evidence of seeking any sort of professional help for his trauma or undertaking any courses in reflection of his offending that is common seen before the courts of people who make these applications.

“Also by reoffending in 2021 is not the most serious example of having a defective vehicle, however, by reoffending, (Hawkins) continues to demonstrate a lack of regard for the serious consequences defective vehicles can have.

“That is a lesson that should well have been learnt after the death of Hannah Dingle.”

The court heard Judge Jeff Clarke, who presided over the licencing application, could either order the absolute disqualification be removed effective immediately or order it be removed effective of a future date, such as in December which mean his disqualification period would be three years total.

In handing down his decision on June 20, Judge Clarke granted Hawkins' application and ordered the absolute disqualification be removed effective immediately.