Kenji Aoki sentence appeal for drug-affected car crash on Hume Highway

A man who was jailed for a drug-fuelled crash on the Hume Highway involving four people, including his then girlfriend, is now appealing his sentence.

A man who was jailed for a drug-fuelled crash on the Hume Highway involving four people, including his then girlfriend, is now appealing his sentence.

Kenji Aoki, 40, appeared via audiovisual link at Goulburn District Court on Wednesday for dangerous driving causing grievous bodily harm, bodily harm by misconduct, driving a motor vehicle while licence suspended and failing to appear in accordance with bail acknowledgment.

The man, who was extradited to NSW from the ACT, is currently serving 20 months’ imprisonment for the offences, backdated to January 13, 2022, with 12-months non parole.

Kenji Aoki and his then-girlfriend were travelling on the Hume Highway on a public holiday, when there were thousands of sport fans returning home from Sydney to Canberra, from the 2019 NRL grand final. Picture: @luvmoorcats on Twitter

According to the police fact sheet tendered to the court, on October 7, 2019 Aoki was driving a Toyota Corolla on the Hume Highway near Marulan in busy road conditions, while under the influence of methamphetamine.

His girlfriend at the time, Danielle Birch, was in the front passenger seat.

The court previously heard that Ms Birch became tired at the wheel and Aoki offered to drive, despite being on a cocktail of drugs. He subsequently fell asleep at the wheel.

Court documents reveal that at about midday near Highland Way, he rear-ended a Hyundai, driving with two passengers. The impact of the crash pushed both cars into a nature median, where they collided into trees and vegetation.

Data from the car’s airbag showed he was travelling 126km/h in a 110km/h zone.

Documents say Ms Birch sustained serious injuries from the crash, suffering spinal and pelvic fractures, as well as fractures to her right leg, ankle and foot.

She was first taken to Goulburn Base Hospital, then flown to Canberra Hospital, where she had to undertake pelvic surgery.

Facts state a hospital blood analysis identified a cocktail of prohibited drugs of more than 0.79mg in Aoki’s system, which he originally denied taking.

He appeared at Goulburn District Court via audio visual link on June 1 for his sentence appeal. Picture: Niki Iliagoueva

Magistrate Beattie had sentenced him on the basis that he was likely to reoffend, and on Wednesday, Aoki’s lawyer, Kim Bolas, argued that he should serve the rest of his sentence in rehabilitation.

“Given his background and that he’s been driving under the influence of drugs, it would be good to help him find out how to stop relapsing,” Ms Bolas said.

“This would address the issues for him and help protect the community.”

According to court documents, Aoki is well known to police in the ACT for drug, firearm, robbery, stolen vehicle and property related offences.

Documents state he also has an extensive history of speeding, using unregistered uninsured motor vehicles, driving while suspended and unlicensed, and having unrestrained passengers in the vehicle.

Ms Bolas also argued that there had been “double punishment,” given he had received 10 months for an ACT offence, then extradited to NSW to be sentenced for the other offences as part of the same incident.

“Had all the charges been sentenced at the same time, it would have been a different outcome,” Ms Bolas said.

“By now it’s time served, and it’s time for him to go to residential rehab.”

The matter was adjourned to June 8, to allow Aoki to get in touch with Wayback rehabilitation in Harris Park, western Sydney, as well as be assessed and see if there was a bed available there.

Following this, the sentence appeal has been further adjourned to March 10 at Goulburn District Court, when he eligible for parole.