Moustaffa Zreika: Truckie who killed grandfather in Merrylands crash appeals jail sentence
A western Sydney man who mowed down a loved grandfather after speeding down the wrong side of the road has learned he will be potentially released from prison earlier than expected.
Parramatta
Don't miss out on the headlines from Parramatta . Followed categories will be added to My News.
A suspended truckie who killed a beloved grandfather in a tragic crash in western Sydney four years ago will be out of jail earlier than expected after appealing to the state’s highest court.
Three Supreme Court justices have found Moustaffa Zreika was given a heavy handed sentence when he was jailed for six years after driving down the wrong side of a road and ploughing into two elderly men gardening on the footpath.
Zreika, who was 28 at the time, killed 82-year-old Tannous Daher and seriously injured his brother-in-law Milad Moujalli when his truck mounted the kerb and slammed into them on Burnett St, Merrylands.
The Carlingford man was found guilty at trial where a jury was told Zreika may have had a seizure at the wheel after consuming dangerous amounts of the prescription painkiller Tramadol.
Zreika was suspended from driving at the time because despite serving out his ban from the roads he had not completed a “driver knowledge test” to allow him back behind the wheel.
“We lost the rock of our family. We lost the foundation that our whole family was built on,” Mr Tannous’ son Tom said in a victim impact statement at the time.
“My father was stolen from us before his time,” he told the court.
“It leaves a hole in our hearts that can never be filled.”
Zreika had a history of blackouts dating back to 2014 and was told by several doctors it would be unsafe for him to drive.
He was found guilty of one count of dangerous driving occasioning death and dangerous driving occasioning grievous bodily harm and sentenced to six years jail, but would be eligible for parole after serving four years.
His lawyers argued in the Criminal Court of Appeal his sentencing judge failed to consider Zreika’s personal circumstances when jailing him and that there were issues with how serious some of the injuries on the surviving Mr Moujalli.
Mr Moujalli previously told a court he could not shower by himself for a year after the crash and had ongoing trauma related to his injuries from Zreika’s actions.
The three justices ordered his convictions be quashed and Zreika be resentenced on the two charges.
He was resentenced to four years and nine months, but will be eligible for parole after serving three years and three months in September 2022.