Kotara: Andrew Matijevic jailed over crash that killed Patricia Freestone
Patricia Freestone died when Andrew Matijevic slammed into her car at Kotara. The court heard he was “substantially impaired” by drugs. He has been sentenced.
Newcastle
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A court has heard there was an “indirect” link between the mental health condition of a drug driver who killed a much-loved mother in a Kotara crash last year, and the circumstances of the offence.
Andrew Matijevic, 28, was sentenced to at least one year and eight months jail over the Easter Sunday crash that claimed the life of 58-year-old Bonnells Bay woman Patricia Freestone.
He previously pleaded guilty to dangerous driving occasioning death while under the influence of drugs, while further charges of negligent driving, drive with illicit drug and not keeping left of the dividing lane were used as backup offences and eventually dropped on sentencing.
The 28-year-old was on a cocktail of drugs when he slammed into Ms Freestone’s car on Park Ave about 9.30am and a toxicology report found he would have been “substantially impaired”.
Dressed in a light grey suit flanked by a number of supporters at Newcastle District Court on Thursday, Matijevic had little reaction as Judge Tim Gartelmann read out the details of the April 12 crash last year.
Judge Gartelmann told the court the victim impact statements read out previously “illuminated the tragic and devastating consequences of the offence” and had shown the clear impact on Ms Freestone’s family members.
He acknowledged Matijevic drove while “substantially impaired” by drugs and that there was a possibility he was using his phone at the time of the collision, although that couldn’t be established beyond reasonable doubt.
“It was established he was using his phone while driving in periods proceeding the collision and was preoccupied with some activity and not solely on driving,” the Judge said.
“It is established his driving was erratic.”
Most notably, Matijevic’s link between his mental health condition and his offending.
The court heard his mental health deteriorated in 2018 following a violent home invasion and he suffered Post Traumatic Stress Disorder (PTSD) and polysubstance use disorder.
“Drugs was the cause of his manner of driving of, but the relation between his mental condition and offending makes him moderately less culpable,” Judge Gartelmann said.
“It is established the offender has accepted responsibility and will accept the consequences.”
He was sentenced to three years and two months jail with a non-parole period of one year and eight months, which means he’ll be eligible for release in January 2023.
He was also disqualified from driving for three years.
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