Barney Wakes-Miller death: Boy to be sentenced in children’s court over crash that killed schoolmate
A Magistrate has dismissed a bid to have a northern beaches schoolboy who had been drinking and crashed his car — killing his schoolmate, Barney Wakes-Miller — sentenced in an adult court.
Manly
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A bid to have an alcohol-affected teen P-plate driver sentenced in an adult court over the death of his schoolmate in a Saturday night car crash has failed.
Barney Wakes-Miller, 17, from Oxford Falls, who was sitting in the back seat, died from head
injuries when the driver lost control and smashed a Holden Commodore through a stone fence late on July 18 last year.
Prosecutors had applied to have the Commodore’s driver, who was 17 years old at the time, and who has pleaded guilty to dangerous driving while under the influence, sentenced in the District Court.
The driver has also admitted to doing a burn out, with five passengers in the car, just before the incident at Elanora Heights which killed Barney, a popular year 11 student at St Augustine’s College, Brookvale.
The parents of both boys had previously been told by the Surry Hills Children’s Court that if the accused was sentenced in the adult court, he faced a maximum 10 years behind bars.
In the Children’s Court the driver, who cannot be named for legal reasons, faces a maximum two years’ jail.
Under Section 31 of the Children (Criminal Proceedings) Act, the NSW Office of the Director of Public Prosecutions (DPP) can ask for the transfer of serious criminal matters involving children to the higher court.
The driver has pleaded guilty to one count each of dangerous driving causing death (drive under influence); negligent driving causing death; prolong sustained loss of traction and; P1 driver, drive at night with more than one passenger.
Earlier this year, after negotiations between the driver’s legal team and the 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death (drive manner dangerous); mid-range drink driving and; drive recklessly, furiously or speed manner dangerous were withdrawn and dismissed.
But Surry Hills Children’s Court Magistrate Sue Duncombe ruled on Friday that the accused would be sentenced on the four remaining charges in the Children’s Court on December 17.
Ms Duncombe gave the defence lawyers until December 10 to file and serve their submissions, The DPP has until December 3 to file its sentencing submissions.
Barney’s parents, Duncan and Bella Wakes-Miller, 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 jail sentence to set a strong deterrent for the community.
“The justice system has significant flaws that need to be changed,” they said.
“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 is vehicular manslaughter,” Mr Wakes-Miller added.
“(The driver) has shown no remorse to our family for his terrible actions that night.
“This individual has in our eyes forfeited their right to be treated with any leniency.
“For this reason we are disappointed.”
The driver’s bail was continued.
A new Road Trauma Support Group NSW has been set-up which is dedicated to help support the families of victims of road crashes. The group said it is the voice of families of road trauma with a “vision that no family in NSW will ever experience the death of a loved one through the criminal act of another road user”.
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