Cabramatta High School teacher Michael Araco pleads guilty to common assault
A teacher thought driving his car at students onto a basketball court would be a funny prank to play on the last day of school. A Sydney magistrate has made it clear she thinks otherwise.
Fairfield
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A southwest Sydney teacher who drove his car onto basketball courts where students were playing on the last day of school has told a court he did it because he believed they would find it funny.
Michael Araco appeared before Magistrate Joanne Keogh at Liverpool Local Court on Wednesday, where he was sentenced to a two-year conditional release order without conviction over the December 17 incident at Cabramatta High School.
According to a police fact sheet, Araco drove his car “up a gutter, along a pathway that students walk along and onto the basketball courts” after school had ended before performing one and a half loops around one student.
The 30-year-old from Casula then drove his car “in the vicinity” of another student on an adjacent basketball court, who stepped back for fear of being struck.
Nobody was injured during the incident.
“In driving his motor vehicle in the manner in which he did, Mr Araco was reckless as to the fear his conduct in driving on the basketball court would generate in (the student),” the fact sheet stated.
Araco pleaded guilty to one count of common assault while three other charges were withdrawn and dismissed.
His barrister Matthew Robinson told the court it was an “extraordinary” matter and his client had no intention of striking the students.
“It was the final day of school. Mr Araco thought that the students would find it funny … to see a car on the basketball courts,” he said.
“Mr Araco does not know why his judgment was so impaired on that day.”
Mr Robinson submitted it was a time of “high stress” and satisfaction because it was the final day of school for the year and also the day his Year 12 students received their HSC results.
The court heard he was “deeply remorseful” for his actions and it was unlikely he would be able to continue teaching.
“He tells me this incident is like a nightmare from which he cannot wake,” Mr Robinson said.
“This event was … truly was an aberration. It is a matter for which he will continue to be punished.”
The police prosecutor said the incident occurred in a school playground where students “should be able to relax and not expect to be hit by a car”.
“Somebody in that position should be well aware and should not be doing what he did,” Sergeant Nigel Parkin said.
Magistrate Joanne Keogh reprimanded Araco, telling him his attempt at humour was “foolish” and “immature”.
“I note that in this case there is no injury to the victims and not only was there no injury there was no actual touching or striking,” she said.
However, Ms Keogh said there were a number of aspects to the incident that “elevate it”.
“You’re in a vehicle obviously, which is a powerful and mechanical implement. It’s something that can cause significant harm to others and there was in the circumstances — even though there was no speed as indicated in the facts — a disregard to public safety.
“I do accept your explanation that this was a foolish attempt at humour, a hijinks of the very worst kind.”
The court heard Araco had been receiving psychological treatment for anxiety and depression for six years, although Ms Keogh noted there was no suggestion those issues had contributed to his offending.
“You’re an adult, you’re a teacher and your sense of elation at the end of the year, obviously you have to be circumspect in respect to that,” she said.
Under the conditional release order, Araco is required not to commit any offences and attend court when required.
He was removed from the school by the Education Department following the incident in December.