Jacob Donn: Drugged-up Wellington crash driver sentenced for manslaughter of Shane, Sheldon Shorey

A man who killed two boys, aged 6 and 7, while high on a cocktail of drugs in a fatal collision in the state’s west has been sentenced. See the verdict here.

The Wellington crash driver who killed two young boys while high on a cocktail of drugs has been sentenced to 13 years behind bars with a non-parole period of nine years.

Jacob Donn, 27, appeared in Dubbo District Court as he learnt his fate after pleading guilty to the manslaughter of Shane, 7, and Sheldon Shorey, 6.

He was formally charged with two counts of manslaughter, two counts of aggravated dangerous driving occasioning grievous bodily harm and causing bodily harm by misconduct while driving a motor vehicle.

Jacob Donn. Photo: Facebook

Further charges including, four counts of failing to stop and assist after impact causing injury, possessing a prohibited drug and never being a licensed driver were also considered in today‘s sentencing.

The court heard from the boys’ father Joseph Shorey who detailed the impacts of the offence through a victim impact statement.

“I blame myself for not being able to save them,” Mr Shorey said.

Sheldon 6, (front) and Shane Shorey 7 (left), pictured with their father Joseph. Photo: Facebook

“No father should [ever] have to bury your child … I would never wish this on anyone.”

After outlining the boys’ “destiny to one day play in the NRL”, Mr Shorey spoke directly to Donn, saying “I hope you suffer, every f**king day”.

An emotional Shayleen Frail, the boys’ mother, shared similar remarks to her ex-partner, explaining the guilt and invisible “scars” she suffered from the loss.

“The mental anguish and triggers are exhausting,” Ms Frail said.

“I feel guilty I have screwed up and [that] it’s my fault.”

She too spoke directly to Donn.

“Why two young boys, my boys? Who were just starting to live and thrive,” Ms Frail said.

“You left me and the two boys there … you took off like a coward.

“I want to be able to articulate these words to all of you today … the pain I am feeling [and] how much I miss my sons.

“I have thought of suicide just to be with them.”

According to a statement of agreed facts, Donn was seen doing fishtails on Warne St on January 5 last year when he lost control of his Holden Commodore, colliding with five victims who were walking along the footpath.

The car Wellington man Jacob Donn, 25, was behind when he crashed into five people. Picture: Ryan Young

Ms Frail attempted to throw her children out of the way, but was unsuccessful.

Agreed facts reveal Shane and Sheldon were trapped under the vehicle but died at the scene as another nine-year-old boy sustained severe injuries which required surgery.

Ms Frail was trapped between the car and the fence, and suffered several serious injuries along with an 11-year-old friend of the two brothers needing a leg amputation.

While Donn apologised to Ms Frail, agreed facts reveal Donn fled the scene with police later arresting him at a property in Elizabeth St, Wellington.

Police found 24 buprenorphine strips on Donn before he was taken to Wellington Hospital for drug and urine tests.

He returned positive results for a combination of meth, cannabis, alprazolam, heroin and methadone and agreed facts revealed Donn’s driving ability was “substantially impaired” due to the influence of these drugs.

On Friday, the Crown stressed Donn’s clear impairment when submitting their argument about what they describe as a “unique case”.

“The offender ingested multiple drugs merely hours before driving … [he] must have known he was substantially impaired,” Mark Davies said.

He highlighted Donn’s moral culpability and “complete abandonment of responsibility” which was accepted by Donn’s defence barrister, Nicholas Broadbent.

Mr Davies explained that due to the circumstances surrounding the case, the outcome “was [as] inevitable as it could possibly get”.

“The crown concedes remorse, concedes that [Donn] was immediately remorseful but [he] didn’t immediately take responsibility,” Mr Davies said.

In referencing “comparable” cases, Mr Davies said “not a great deal of weight [was] given to the offender’s remorse” in an objectively serious case.

The boys’ mother Shayleen Frail. Picture by Colin Rouse

“It seems the real issue of the offender is drug and alcohol abuse,” Mr Davies said.

This was accepted by Mr Broadbent who said the “biggest barrier” to Donn‘s rehabilitation is his struggles with addiction.

However, Donn‘s legal team appealed for the court to place weight on the origin of their client’s addiction, detailing his exposure to drug use at a young age.

“The offender’s probability of avoiding that addiction was minimal,” Mr Broadbent said.

While accepting Donn’s troubled upbringing, which saw his mother introduce him to heroin, Judge Craig Smith took issue with the 27-year-old’s prospects of rehabilitation.

“I do not accept he has good prospects ... or [that] he is unlikely to reoffend,” Judge Smith said.

“[The offence] has left a mark on him and will do so for the remainder of his life.

Sheldon Shorey, 6, died after a car ploughed into him at Wellington last year. Picture: Supplied by father Joseph Shorey

Shane Shorey, 7, died along with his bother Shane. Picture: Supplied by Joseph Shorey father

“No human life can be equated with a term of imprisonment ... no sentence can bring back a loved one ... I am satisfied that no penalty other than imprisonment is appropriate.”

Ultimately, Judge Smith handed Donn an aggregate sentence of 13 years which will expire on January 4, 2034.

A non-parole period of nine years was set, making Donn eligible for parole on January 4, 2030.

THE AFTERMATH

It was an emotional ending to Donn’s trial with some members of the courtroom descending into a fit of rage.

So much so, one member interrupted Judge Smith’s final remarks, screaming and swearing about the length of Donn’s sentence.

Half of the members began pouring out of the court, calling Donn a “mongrel” and “dog” on their way out, and one saying “you will be coming out in a body bag”.

Joseph Shorey the father of Shane and Sheldon speaks to media after Jacob Donn was given a 13 year prison sentence in Dubbo District Court today. pic.twitter.com/RsLRIHEXvk

— Aymon Bertah (@AymonBertah) October 14, 2022

A short time later, a “shattered and devastated” Mr Shorey addressed the media outside the courthouse saying the decision was “wrong”.

“That’s bulls**t, it’s wrong ... nine years for killing two boys,” Mr Shorey said.

“He’ll be out in seven, the Australian law has to change.

“He should be doing 25 years ... he never had a licence, he drove erratically, stupid, something’s gotta be done, I need help, I don’t know who to see.”