Barney Wakes-Miller death: Boy avoids jail over party crash that killed mate

A northern beaches schoolboy who had been drinking and doing high speed burnouts before crashing his car — killing his schoolmate, Barney Wakes-Miller — has been sentenced in court.

A northern beaches’ teenager who admitted to being drunk, doing burnouts and speeding at more than 30km/h over the limit before crashing his car and killing a mate, has avoided being sent to jail.

The teen, who was 17 at the time, and had his P plates for just six weeks, lost control of his speeding Commodore — with six people on board — outside a house party at Elanora Heights in July last year.

But the Surry Hills Children’s Court decided on Friday that the youth, now aged 18, who cannot be named for legal reasons, will not spend any time behind bars even though his mate, Barney Wakes-Miller, 17, died in the crash.

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

Magistrate Sue Duncombe sentenced the driver to a 21-month Control Order — time in juvenile detention — but immediately suspended that sentence and placed the teen on a 21-month Good Behaviour Bond.

It came after a bid earlier this year, by the Director of Public Prosecutions, to have the alcohol-affected teen driver sentenced in an adult court, failed.

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 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.

Barney’s angry and upset parents, Duncan and Bella Wakes-Miller, were left stunned by the sentence on Friday afternoon.

They said the driver had never tried to directly apologise to them over their son’s death. The family also took offence to the crash being referred to as an “accident” during the protracted court case.

“This sentence for drink driving and killing someone is totally unfair,” Mr Wakes-Miller said outside court.

“He was killed.

“There seems to absolutely zero punishment.

“Is this an example we want to set for the community,” Mr Wakes-Miller said.

Bella and Duncan Wakes-Miller were left stunned and angered by the sentence handed down by the Surry Hills Children’s Court on Friday. File picture: Tim Hunter.

The driver had pleaded guilty to one count each of dangerous driving causing death (drive under influence). Charges of negligent driving causing death; prolong sustained loss of traction and; P1 driver, drive at night with more than one passenger were dismissed.

Barney, a year 11 student, was sitting in the back seat behind the driver when the Commodore careered off the road and hit a stone fence at about 88 km/h.

The popular teenager and aspiring artist, died from massive head injuries.

Five other people in the car, including the driver and a youth not wearing a seat belt, were not hurt.

The court heard the teenager, and Barney as well as a number of other people were at a Saturday night party at a house in Caladenia Cl.

Barney Wakes-Miller. Picture: Supplied by Wakes-Miller family.

Magistrate Duncombe said the accused driver was seen doing burnouts outside the house.

She said a mobile phone video showed someone saying: “This is such as bad idea”.

The court heard that Barney and four others were offered a ride and got in the car with the accused who drove away from the house at more than 30km/h over the 50 km/h speed limit.

After nearly colliding, soon after, with an Uber car, the teen driver agreed to do a U-turn and return to the party.

But Ms Duncombe said the Commodore was over the speed limit when it entered a left-hand bend, lost control, rotated across a nature strip, and hit the fence.

The court heard that car would have been travelling at more than 90km/h at some point.

Barney was seen bleeding from the head while the driver called a friend, his mother and then his father who then told him to call triple-zero. The Uber driver called for an ambulance.

An artwork created as a tribute to Barney by some of his art class friends. Picture: Supplied by Wakes-Miller family

Ms Duncombe said the driver told ambulance paramedics he had lost control of the car and that he “had a couple of beers”. Thre driver was not breathalysed at the scene by the police, but ended up blowing 0.142 two hours after the crash.

He later told police he had “fewer than five Peronis”.

Mr and Mrs Wakes-Miller said despite the sentence, they were “now going to move forward with Barney with us and continue to love our family and our (other three) kids”.

“We’ve had amazing support from the community and for that we are very grateful. We’ve discovered some amazing friends.”