Barney Wakes-Miller death: Boy pleads in children’s court over crash that killed his schoolmate
A schoolboy driver who’d been drinking before doing a burnout and crashing his car — ending in the death of his schoolmate — has entered a plea as prosecutors made a surprise move.
Manly
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A P-plate driver charged over the death of his schoolmate in a Saturday night car crash has pleaded guilty to dangerous driving while over the limit.
The driver who was 17 years old at the time, has also admitted to doing a burn out just before the incident which killed a northern beaches’ high school student.
Barney Wakes-Miller, 17, from Oxford Falls, who was sitting in the back seat, died from head
injuries when the Holden Commodore smashed through a stone fence late on July 18 last year.
There were six teenagers, including three 16-year-old boys and a 16-year-old girl, in the car, which speared off Caladenia Cl just before midnight. Barney was the only occupant to suffer an injury.
In the Surry Hills Children’s Court on Tuesday, the driver, who cannot be named for legal reasons and went to the same high school as Barney, pleaded guilty to one count each of dangerous driving occasioning death – drive under the influence; prolong, sustain loss of traction and; P1 driver, drive at night with more than one passenger.
The boy is yet to enter a plea on one count of negligent driving occasioning death.
After negotiations between the boy’s legal team and the NSW Office of the Director of Public Prosecutions (DPP), charges of dangerous driving occasioning death – drive manner dangerous; mid-range drink driving and; drive recklessly, furiously or speed manner dangerous were withdrawn and dismissed by magistrate Ellen Skinner on Tuesday.
The DPP is now applying in the Children’s Court to have the boy sentenced in an adult court. Under Section 31 of the Children (Criminal Proceedings) Act, prosecutors can ask for the transfer of serious criminal matters involving children to the District Court.
Magistrate Skinner told the parents of both boys that if the accused ends up being sentenced in the adult court, he faces a maximum 10 years behind bars. If it stays in the Children’s Court he faces a maximum two years’ jail.
Ms Skinner adjourned the matter to August 16 at Surry Hills Children’s Court for a hearing to decide which court the boy will be sentenced in.
Barney’s parents, Duncan and Bella Wakes-Miller, who were in court and saw the accused driver for the first time, said in a statement to the Manly Daily that any person whose acts resulted in the death of another on the road should face a mandatory 10 years in jail.
“The justice system has significant flaws that need to be changed,” they said in the statement.
“It is disappointing that offenders all too often get treated better than the families impacted by road trauma caused by a criminal act of another.
“This individual has in our eyes forfeited their right to be treated with any leniency. For this reason we are disappointed.”
The Wakes-Millers also wanted to thank the police, the DPP and the first responders who attended to the emergency call and tried to save their son.
The driver’s bail was continued.
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