Barney Wakes-Miller: Appeal decision against sentence for drunk teen guilty of Elanora crash that killed schoolmate
A judge’s dismissal of an appeal against a court decision not to jail a Sydney teen responsible for the death of his schoolmate in a drink drive crash, has left a family shocked and saddened
Manly
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A judge has dismissed an appeal against a Children’s Court decision not to jail a teenage drink driver who sped at more than 30km/h over the limit before crashing his car outside a party, killing a schoolmate.
The northern beaches teen, who was 17 at the time, had avoided a jail sentence in the Surry Hills Children’s Court over the death in 2020 of Year 11 student Barney Wakes-Miller.
Instead the driver, who cannot be named for legal reasons, was given a 21-month good behaviour bond when he appeared before Magistrate Sue Duncombe in December last year.
On Thursday, District Court Judge Clive Jeffreys dismissed an appeal by the Office of the Director of Public Prosecutions (DPP) against what it described as the “manifestly inadequate” Children’s Court sentence.
Judge Jeffreys “closed” the Downing Centre District Court and refused permission for the Manly Daily to attend the for the sentence appeal hearing and Thursday’s judgment.
The Manly Daily had been granted permission to attend the Surry Hills Children’s Court for the original sentencing and mentions in the case.
Outside court, Barney’s father, Duncan Wakes-Miller, said the family was “in shock” after the decision and “saddened to have to relive the trauma of the killing of our son Barney by a drunk driver who was showing off, driving at speed and ignoring people who asked him to stop”.
“It is a fiasco. This is not a day for justice.
“This was vehicular manslaughter by the guilty drink driver,” he said. “It is astounding how the judicial process has let us and the community down.”
In December Magistrate Duncombe sentenced the driver, who is now 19, to a 21-month Control Order — time in juvenile detention — but immediately suspended that sentence and placed him on the bond.
Ms Duncombe said she took into account his guilty plea, his genuine remorse and that he was now receiving treatment for post traumatic stress disorder, in making her sentencing decision.
“I acknowledge that the sentence does not appear to be just to the (Wakes-Miller) family, but it was in accordance with the law,” Ms Duncombe said on December 17.
The teen, who had his P plates for just six weeks, had been drinking beer and had been doing burnouts in his father’s Holden Commodore stationwagon outside the party in Caladenia Pl at Elanora Heights.
Then, just after 11pm he drove a short distance away from the house, with five passengers in the car, including Barney, who was in the back seat behind the driver.
Witneses told police that the Holden was travelling well over the 50km/h speed limit and nearly collided with an Uber car. Police were told two people in the car told the driver to slow down.
As the Commodore sped back to the party, the teen driver lost control just after a left-hand bend. The car spun off the road and hit a sandstone fence at 88km/h.
All the occupants of the car, except Barney who was bleeding from the head and unresponsive, got out of the car.
Police were told the young driver made three phone calls, to a friend, to his mother and his father, before calling triple zero.
Barney’s friends performed CPR before ambulance and police arrived. Paramedics continued to try and revive the teenager, but he died at the scene.
The driver, who blew 0.142 two hours after the crash, pleaded guilty to one count of dangerous driving causing death (drive under influence).
Mr Wakes-Miller said the original sentence was “manifestly inadequate for the criminality of the offence”.
“This was not an accident. We do not understand how the offender could have done more to demonstrate his high level of moral culpability.”
Mr Wakes-Miller said the sentence would not be a deterrent to other young men to get behind the wheel while drink.
“The offender has incurred no fines. We have spent more on carparking fees attending this protracted and pointless judicial process. The judicial process has resulted in further pain at the loss of our beautiful boy Barney.
“We need new legislation specifically for road trauma caused by the illegal act of another.
“We would like to thank our family and friends in the local community who have stood by us.
We will celebrate the amazing life of Barney and he will always be in our hearts.”
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