Jakob Thornton: Driver who ploughed into RBT cops appeals sentence
A young driver who was looking at his phone when he ploughed into two police officers at an RBT site has appealed the severity of his sentence. He claims the sentence was too severe despite one of the officers losing his leg in the crash.
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A driver who ploughed into and badly injured two police officers at an RBT site in southwest Sydney after taking his eyes off the road for 300m to check his phone has appealed the severity of his prison sentence.
One police officer Jonathan Wright had his leg amputated below the knee following the collision on Campbelltown Rd in Leumeah in February 2018, while the other officer Matthew Foley suffered a fractured leg.
Serial traffic offender Jakob Thornton, 25, received a prison sentence of three years and eight months for the crash with a non-parole of two years last March.
He appeared in the NSW Supreme Court on Wednesday, via audio visual link from prison, to appeal the severity of his sentence. However, his appeal was unsuccessful and dismissed by the court.
Thornton’s defence lawyer argued that his sentence was “manifestly excessive” when compared to similar cases of dangerous driving causing grievous bodily harm.
The Crown prosecutor highlighted that during his sentence it was found the injuries suffered by the two police officers had to be reflected in the punishment.
“The Crown draws attention to the principal findings of his honour (during the sentence),” she said.
“The applicant picked his phone up at the intersection and did not look at the road again until shortly before the collision which was a distance of 300m, and a time of 10 to 20 seconds.
“His honour found that the moral culpability was high and that there was an abdication of responsibility for an extended period.”
The Crown prosecutor also stated Thornton’s poor traffic record was taken into account during the sentence.
“The Crown submits that when these factors are taken into account in light of the injuries to the two victims the sentence cannot be seen as manifestly excessive.”
Judges Clifton Hoeben, Robert Beech-Jones and Natalie Adams returned their decision within a matter of minutes and dismissed the appeal.
Thornton held his head in his hands at times during the appeal in the Supreme Court.
He has a lengthy traffic history and his licence was separately suspended in 2014, 2015, 2016 and 2017 due to loss of demerit points.
Thornton will be eligible for parole in January 2021.
The crash in February 2018 happened about 9pm while the two senior police officers were setting up an RBT site.
Thornton pleaded guilty to two charges of dangerous driving causing grievous bodily harm in 2018.