Mitchell Brent Gill sentenced in Warwick District Court for dangerous operation of vehicle causing death of mum of three

A drunk driver’s ‘grossly foolish decision’ to get behind the wheel when more than three times the legal limit had devastating consequences, with the man’s dangerous actions claiming the life of a mother of three.

A family holiday became a tragedy after a drunk driver lost control of his car and crashed into a tree, killing a mother of three.

Mitchell Brent Gill faced Warwick District Court on Monday where he pleaded guilty to dangerous operation of a vehicle causing death, as well as driving over the middle alcohol limit.

The 40-year-old was mostly silent during his sentencing as the Crown detailed the events which lead to the tragic death of 46-year-old Nicole Therese Janson on the May 14, 2021.

The court was told Gill was part of a group of four families, including Ms Janson and her husband David, who were enjoying a holiday at Sommerville Valley Tourist Park, near Stanthorpe.

Following a day at a winery, the decision was made for the group to visit another couple’s cabin on the other end of the tourist park.

At around 11pm, Crown prosecutor Jennifer O’Brien told the court Gill entered the driver's seat of another member of the party’s LandCruiser, while the rest of the party filed into the car.

In the back seat, none of the passengers were wearing a seatbelt.

The stretch of road where the fatal accident occurred (Photo: Google Maps)

“(Gill) accelerated heavily and was told not to be silly by Mr Janson, to which there was no response, before the car began travelling on a straight stretch of road, at an estimated 80 km/h, which was too fast for the road and environmental conditions,” Ms O’Brien told the court.

A man in the front passenger spoke to Gill, which resulted in Gill taking his eyes off the road, before the vehicle veered to the left and as Gill attempted to overcorrect he eventually lost control of the vehicle.

The vehicle swerved over the other side of the road and crashed into a tree, impacting the back right of the vehicle.

“Mr Janson asked if everyone in the back was okay, and a passenger in the back responded Ms Janson was in a pretty bad way and bleeding,” Ms O’Brien said.

By 11.45pm responders were on the scene of the crash, and found Ms Janson breathing slowly however she was unresponsive and after midnight she died as a result of head injuries.

Ms O’Brien told the court that no defects were found in the vehicle which could have caused the crash following a forensic examination.

It was hypothesised by forensics crash investigators that the vehicle could have been travelling up to 100 km/h five seconds before the crash.

At the scene, local police observed that Gill smelt of alcohol and resisted taking a sample of blood until around 2.45am.

Forensic analysis of the blood alcohol content revealed at the time Gill was driving the vehicle, his BAC reading would be in the range of 0.140 to 0.208, which would have resulted in a “prolonged reaction time”.

The Crown quoted a victim impact statement by the deceased’s husband, Mr Janson, which noted the death was an “immense loss” and Ms Janson was the “glue of the family”.

“The consequences were catastrophic and resulted in the death of a mother,” Ms O’Brien said.

Defence lawyer Steve Zillman told the court Gill had been “overwhelmed by guilt and remorse in the aftermath of the tragedy” and was “significant in his remorse”.

The court was also told that he had paid the full cost of the vehicle which had to be written off.

“Mr Gill is truly devastated by what he did and feels great remorse to the family,” Mr Zillman said.

Judge Nathan Jarro slammed the actions of Gill during sentencing, calling it a “grossly foolish decision.”

“This tragedy onto the family is immense and it’s a burden the family will have for life,” Judge Jarro said.

“The actual consequences of your action in getting behind the wheel that night have been profound, not only did it lead to the tragedy of the deceased being killed but it also has had the immeasurable grief and suffering upon her family.”

Gill was sentenced to five years imprisonment to be suspended after serving 17 months and disqualified from driving for seven months.