Barney Wakes-Miller death: Appeal against sentence for drunk boy guilty of party crash that killed mate

Authorities have lodged an appeal over the sentence of a northern beaches schoolboy who avoided jail despite drinking before crashing his car and killing Barney Wakes-Miller.

Authorities are appealing against an “inadequate” court sentence given to a teenage drink driver who dropped burnouts and sped at more than 30km/h over the limit before crashing his car outside a party, killing a mate.

The northern beaches teen, who was 17 at the time, 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.

The car that Barney Wakes-Miller, 17, of Oxford Falls was fatally injured in when it crashed at Elanora Heights in July, 2020. Picture: Supplied

Ms Duncombe sentenced the driver, who is now 18, to a 21-month Control Order — time in juvenile detention — but immediately suspended that sentence and placed him on the bond.

It came after a bid earlier in 2021 by the Director of Public Prosecutions (DPP) to have the alcohol-affected teen driver sentenced in an adult court failed.

The teen, who had his P plates for just six weeks, had a number of beers, lost control of his speeding Commodore — with six people on board — outside a house party at Elanora Heights in July 2020.

It hit a stone fence at 88km/h. Barney 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).

Bella and Duncan Wakes-Miller, of Oxford Falls, whose son Barney was killed when he was a passenger in a car driven by a drunk driver. They have welcomed the NSW DPP’s decision to appeal the sentence given to the driver by the Children’s Court. File picture: Tim Hunter.

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.

Barney’s parents, Duncan and Bella Wakes-Miller, were left stunned by the sentence.

“This sentence for drink driving and killing someone is totally unfair,” Mr Wakes-Miller said outside court. “There seems to be absolutely zero punishment.”

Barney Wakes-Miller. Picture supplied by Wakes-Miller family

The DPP confirmed on Monday “that the Director has lodged an appeal against the sentence imposed in this matter. The appeal is listed before the Downing Centre District Court on 14 March, 2022”

Mr Wakes-Miller said on Monday his family welcomed the DPP appeal.

“In our view, the sentence is manifestly inadequate for the criminality of the offence,” he said.

“There is no deterrent aspect at all to the sentence.

“(And) worse, it may even encourage young men to repeat the drinking, speeding, showing off aspects of the offence, all after passing the driving test only a few weeks beforehand, safe in the knowledge that they will likely avoid jail and, in a practical sense, avoid any sort of punishment.

“It is a concern that the current sentence will set a precedent and will be referred to for years to come by those whose offences have similar facts.”