Troy Xerri: Brother of banned NRL star sentenced over fatal Eastwood crash

Heartbroken family are “appalled” at the sentence handed down to a speeding driver who lost control in a head-on collision that killed Eastwood grandmother Joanne Duke.

The heartbroken family of a woman killed when the brother of a disgraced NRL star was speeding and caused a “violent” head-on collision are “disgusted” by the sentence handed down in court.

Troy Anthony Xerri, 30, was driving 20km/h above the speed limit when he lost control of his Toyota HiLux ute, crossed onto the wrong side of the road and crashed into 63-year-old Joanne Duke’s Mazda hatchback at Eastwood in Sydney’s northwest on November 13, 2019.

Troy is the brother of Bronson Xerri, a talented Cronulla Sharks player, who was suspended from playing until November 2023 due to a doping violation.

Xerri was sentenced to three years and nine months, with a non-parole period of two years and four months in Sydney’s Downing Centre on Friday following a trial.

Michael Duke spoke after Troy Xerri was sentenced for his wife Jo Duke’s death. Picture: NCA NewsWire / Christian Gilles

He was sentenced for driving in a dangerous manner occasioning death; driving in a manner dangerous causing grievous bodily harm and furious driving charge along with other less serious driving offences.

He will be eligible for release as early as November next year.

Outside court, Mrs Duke’s husband Mick said the short sentence for the “serial traffic offender” was “disgusting”.

“It was a result of blatant, deliberate, despicable criminal action of someone who said he was in a hurry to get home … he weaponised his vehicle which culminated in the cruel death of a wonderful, innocent much-loved woman as well as causing grievous and furious harm to others.

“For his heinous crimes, the killer has had a paltry sentence imposed.

“This tragedy was in fact human slaughter.”

Troy Xerri, pictured during a previous court appearance, was sentenced in Downing Centre. Picture: NCA NewsWire / Simon Bullard

The family were “disgusted” with the sentence handed down.

“Myself, our sons and many others are doomed to visit Jo in the cemetery forever,” he said.

“Whereas the killer will soon resume his life as if nothing happened.”

The court heard about 5.10pm on November 13, 2019, Xerri was driving his ute, with a front seat passenger Michael Nader.

Mrs Duke was driving a Mazda Hatchback in the opposite direction with another woman Edwina Roberts was driving when they both turned right on Blaxland Drive, Eastwood. The road was signposted 60km/h.

The court heard Xerri was driving above the limit at about 80km/h, lost control of the car and struck the rear of Mrs Duke’s vehicle and collided with the front of the other woman’s car. The force of the impact caused the tray of the ute to completely detach from the rest of the car.

Mrs Duke was unable to get out of her vehicle while Xerri exited his and lay down beside it, while Ms Roberts was also able to leave her car.

Michael Duke, pictured with his granddaughter Willow, addressed the press in regards to his wife's death, Jo Duke. Picture: NCA NewsWire / Christian Gilles

Emergency service crews and other witnesses quickly attended but despite their efforts, Mrs Duke was not able to be revived and died at the scene,

Ms Roberts only received minor injuries, as did Xerri, while Mr Nader was taken to hospital and underwent surgery for head injuries.

Xerri was taken to hospital where he was later arrested and charged.

Xerri last year pleaded guilty to dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm related to Ms Duke’s killing and the injuries suffered by Mr Nader.

A trial was held where Xerri was found not guilty to the more serious charges of aggravated dangerous driving occasioning death and aggravated dangerous driving occasioning grievous bodily harm.

Those charges related to allegations that his car was travelling 45km/h above the speed limit at the time of impact, which he denied.

The court heard Xerri’s barrister noted her client did not “abandoned responsibility” when driving, while the Crown prosecutor alleged the collision was caused by Xerri’s conscious decision to drive over the speed limit meaning he was unable to control the car.

The court also heard the Crown allege Xerri was purposefully speeding because he was in a “hurry to get home”.

The court heard Xerri was on conditional liberty in the form of a community corrections order at the time and a terrible driving record.

Judge Flannery found Xerri was not speeding for a long period of time.

Joanne Duke with her husband Michael. Picture: Supplied

During the trial, the Crown attempted to prove Xerri’s speed, but Judge Flannery was not able to determine the speed and was unable to conclude he was travelling more than 45km/h.

She said it was “likely” he was driving at a higher speed of more than 80km/h deliberately but there was no other evidence to allow her to determine the exact speed.

“I am satisfied it was the combination of the vehicle that Xerri was driving, the undulations he encountered on the road and the speed at which he was travelling that caused him to lose control,” Judge Flannery said.

“There is no doubt the offences are serious, however I am not satisfied they are in the high-range of objective seriousness.”

In victim impact statements provided to the court, Mrs Duke’s family spoke of how her death caused trauma, and their whole lives had been changed. They spoke of the emotional loss and some were unable to work and had poor mental health.

The court heard Xerri had been previously jailed for commercial drug supply and had a significant driving history which meant he was not entitled to leniency.

Judge Flannery said Xerri left school in year 10 and started using illegal drugs before becoming addicted. He was playing a high-level of rugby league in south Sydney’s under 20s when he was charged and jailed with drug supply, where he became addicted to heroin.

He relapsed after trying to get clean and in 2016 he began working at a carpentry business.

Following the crash, Xerri developed mental health issues and started seeing a psychologist.

The court heard Xerri was married and became a father last year, and had remained drug free.

Xerri was on bail for the crash but went into custody when he breached it in July 2021, and has been in custody since, where his anxiety had grown.

The court heard a psychologist report noted Xerri was “very remorseful”, had “self blame” and a “sense of despair”.

Judge Flannery found Xerri was suffering from post traumatic stress disorder and the Covid situation in jail made his custody more onerous, adding his prospects of rehabilitation were “reasonable” and he had “genuine remorse”.

She also added he had suffered “extra-curial” punishment from death threat emails sent to him and his family.

Judge Flannery took into account Xerri’s “quasi custody” while he was on bail.

His sentence will be backdated to July 3, 2021 and will expire April 2, 2024. He will be eligible to apply for parole on November 2, 2023 and will be disqualified for 10 months once released.

Outside court, Mick Duke said the family were upset Xerri “will soon be able to live his life as if nothing happened”.

They have called for laws and sentences for deaths on roads to be reviewed, changed and strengthened.

Mr Duke said he was saddened Jo never got to meet her granddaughter Willow, who was born six months after her death, but the family visited Jo’s grave and spoke to Willow often about Mrs Duke, who was a long standing employee and volunteer at Macquarie Hospital.