Driver, 17, speeding at 123km/hr before fatal crash north of Wollongong, court hears

A court has heard a 17-year-old boy is likely to plead guilty to a slew of charges later this year, but two key issues in the case, linked to the death of his 12-year-old passenger, remain in dispute.

Police at the scene of the crash at the intersection of Towradgi Road and Memorial Drive, Towradgi, where, about 1.35am (Tuesday 4 October 2022), a Holden Barina was reportedly travelling north on Memorial Drive when it crashed into a traffic control light. Picture: Shapchat

Prosecutors have revealed the exact alleged speed a stolen car was being driven at in the moments before a shocking early morning crash, which claimed the life of a 12-year-old boy, a court has heard.

New details about the October 2022 collision emerged in Port Kembla Children’s Court on Tuesday as prosecutors fought to have the 17-year-old driver’s bail revoked, amid claims he was travelling at 123km/h in the moments leading up to the crash.

Police will allege the unlicensed teen, who cannot be named for legal reasons, was behind the wheel of a stolen Holden Barina when it ploughed into a power pole near Towradgi, north of Wollongong, leaving the 12-year-old passenger with catastrophic injuries.

It is alleged the 17-year-old managed to extricate himself from the crash and fled the scene, leaving another passenger, aged just 14, to drag the younger boy out of the vehicle.

He was taken to a nearby friend’s house suffering horrendous internal injuries.

Emergency services were contacted and the was taken to Wollongong Hospital where he died a short time later.

The crash scene on the corner Memorial Drive and Towradgi Road in Towradgi in Wollongong where a child involved in the crash died. Picture: Richard Dobson

The court heard an expert witness called in by prosecutors to assess the teen’s likely speed had determined he was travelling at 123km/h in the signposted 80km/hr zone at the point of impact.

Defence lawyer Rodney Boyd said the teen disputed the speed and was in the process of having a second expert witness review the data, however he confirmed his client was likely to plead guilty to a slew of driving charges, including dangerous driving occasioning death, when the case returned to court later this year.

Meanwhile, the court heard the teen also disputed Crown allegations he had threatened the 14-year-old passenger into keeping quiet in a phone call later the same morning.

Prosecutor Timothy George said it would be alleged the 17-year-old had phoned the 14-year-old around 6am and told him “you’d better not tell the police or you’ll end up in the boot of a car”.

A child involved in the crash later died in hospital. Picture: Richard Dobson

Mr George said the younger teen would be called to give evidence about the conversation in a disputed facts hearing.

In urging the court to revoke the 17-year-old’s current bail, Mr George claimed he posed an unacceptable risk of failing to turn up to court, committing further serious offences and interfering with witnesses.

The court heard the teen had spent nine months behind bars on remand before being granted strict conditional bail in July this year to attend juvenile residential drug rehabilitation centre.

He was transferred to an adult program two weeks later, but was kicked out of the course last week for bad behaviour.

Mr Boyd confirmed his client had been readmitted to the program on Monday this week and would continue to live at the centre.

Magistrate David Williams said the case against the teen was a strong one and he faced an inevitable jail sentence, whether the matter was ultimately dealt with under children’s court legislation or adult legislation.

However, he refused to revoke the teen’s bail, saying there was no evidence before the court that he posed a risk of failing to come to court, interfering with witnesses or endangering the safety of the community.

“He could have effectively taken off at any time in past three months and he hasn’t done so,” Magistrate Williams said.

“There’s no evidence he’s interfered with any witnesses since his release to bail.

“The detention application is rejected and I continue bail.”

The case will return to court on November 7.