Barney Wakes-Miller: Delay in court case over teen’s death in Elanora Heights crash

More negotiations over the final charges to be laid against a boy, 17, are delaying a court case for the car crash death of northern beaches teen Barney Wakes-Miller (pictured).

Bella and Duncan Wakes-Miller will have to wait several more weeks to find out what charges the DPP will finally lay against the 17-year-old boy who was allegedly behind the wheel of a car when it crashed, killing their son Barney. Picture: Tim Hunter.

The court case involving a drunk P-plate driver charged over the death of a teenage boy in a Saturday night car crash on the northern beaches has been put on hold again.

Barney Wakes-Miller, 17, from Oxford Falls, who was sitting in the back seat of the Holden Commodore, died from head injuries when the car hit a stone fence late on July 18 last year.

Surry Hills Children’s Court heard on Tuesday that negotiations on a finalised set of charges against the 17-year-old driver were continuing.

Barney Wakes-Miller died in July 2020 while a passenger in a car allegedly driven at speed by a drunk driver. Picture: Supplied by Wakes-Miller family.

The driver, who cannot be named for legal reasons, is currently facing seven charges after allegedly being behind the wheel of a car with six teenagers on-board when it crashed at Elanora Heights.

The matter was set down for a plea on Tuesday, but the Office of the NSW Director of Public Prosecutions (DPP) asked for another adjournment so negotiations, on a final list of charges and an agreed set of facts, with the accused’s defence team can be completed.

Magistrate Sue Duncombe told Barney’s parents, Duncan and Bella Wakes-Miller who were in court, that she was “sorry there had been no resolution of the matter” yet.

“These things do take time,” Ms Duncombe said. “Best wishes”.

The driver was charged with mid-range drink driving; dangerous driving occasioning death; negligent driving occasioning death; not comply licence condition – drive with more than one passenger under 18 years of age after 11pm; drive with four unrestrained passengers; sustained loss of traction and; drive in a speed/manner dangerous. He is yet to formally enter a plea to any of the charges.

The Surry Hills Children’s Court. Picture: News Corp

The other passengers in the car – three 16-year-old boys and a 16-year-old girl – were not injured.

Prosecution and defence representatives will attend a case conference on April 21 where it was anticipated a final decision on charges and what pleas would be entered, would be made, the court heard.

The accused’s lawyer, Michael Bellingham, told the court, he was “hopeful” the plea negotiations would be resolved then, and signed off by the DPP.

Ms Duncombe adjourned the matter to May 18 at the Surry Hills Children’s Court for plea or mention.