Barney Wakes-Miller: P-plater set to make plea deal over teen’s death in Elanora Heights crash

A boy, 17, has offered prosecutors a plea deal on a string of charges over the car crash death of popular northern beaches teen Barney Wakes-Miller.

A plea deal has been offered to prosecutors in the court case involving a P-plate driver charged over the death of a teenage boy in a Saturday night car crash on the northern beaches.

The driver, 17, is facing seven charges after allegedly being behind the wheel of a car with six teenagers on-board when it crashed at Elanora Heights last year.

Barney Wakes-Miller, 17, a Year 11 student 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.

Barney Wakes-Miller, from Oxford Falls, was a Year 11 student at St Augustine’s College, Brookvale. Picture provided by the Wakes-Miller family.

The other passengers – three 16-year-old boys and a 16-year-old girl – were taken to hospital to be checked as a precaution.

The driver, who cannot be named for legal reasons, 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.

His lawyer, Michael Bellingham, told the Surry Hills Children’s Court heard on Tuesday, that a plea offer on a finalised set of charges had been made to the Office of the NSW Director of Public Prosecutions (DPP).

A solicitor for the DPP, Rebecca Thoms-Packer, said the plea offer had been received and both parties were in discussions.

Barney Wakes-Miller, 17, of Oxford falls, who died in a road accident at Elanora Heights on Saturday night. Picture: Supplied

“The Crown is taking steps to respond to that offer,” Ms Thoms-Packer said.

Mr Bellingham said the parties were “essentially in agreement in principle” about the offer.

Ms Thoms-Packer asked Magistrate Sue Duncombe to adjourn the matter for three weeks to allow the DPP to complete its response to the plea offer.

Ms Duncombe adjourned the matter to March 30 at the Surry Hills Children’s Court for plea or mention, but said she was keen to have pleas entered on that date.

She also acknowledged that the case would “obviously … be having an affect on the victim’s family”.

“We must really move the matter forward on that occasion (March 30),” Ms Duncombe said.

EARLIER

P-plater set to enter plea over teen’s death

By Jim O'Rourke, December 9, 2020.

A P-plate driver charged over the death of a teenage boy in a Saturday night car crash on the northern beaches, is set to enter pleas in the Children’s Court.

The driver, 17, was allegedly behind the wheel of a car with six teenagers on-board when it smashed into a stone and iron fence at Elanora Heights earlier this year.

The scene of the car crash the morning after a car, with six teens on-board, smashed through a stone and iron fence late on July 18 this year. Picture: David Swift

Barney Wakes-Miller, 17, a Year 11 student from Oxford Falls, who was sitting in the back seat of the Holden Commodore, died from head injuries in the crash at 11.10pm on July 18.

The driver, who cannot be named for legal reasons, was taken to Royal North Shore Hospital for mandatory blood tests. The other passengers – three 16-year-old boys and a 16-year-old girl – were also taken to hospital to be checked as a precaution.

The driver has been charged with seven offences: 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.

A damaged car at the Elanora Heights crash site. Picture: Steve Tyson

Surry Hills Children’s Court heard on Wednesday that discussions between the driver’s lawyer and the Office of the Director of Public Prosecutions on a finalised set of charges were “moving forward”.

A DPP representative told the court said that because the matter involved a death “a few more steps had to be taken”.

The driver’s lawyer indicated that a plea would most likely be entered when the matter returns to court.

Barney Wakes-Miller, 17, of Oxford Falls. Picture: Supplied by Wakes-Miller family

The lawyer also asked the court to vary the driver’s strict bail conditions — which includes a night time curfew — to allow him to travel, with his parents, away from their home between late December and mid-January. The bail variation was granted.

The matter was adjourned to March 9 for plea or mention.