Man charged with manslaughter of 10yo son after fatal crash in Hunter Region

A man has been charged with the manslaughter of his young son after allegedly speeding with cannabis in his system, and after doctors told him not to drive due to suffering seizures.

A man has been charged with manslaughter after a fatal crash in the Hunter Region took the life of a 10-year-old boy.

A man has been charged with the manslaughter of his 10-year-old son after allegedly driving at excess speed with cannabis in his system and after doctors warned him not to get behind the wheel because he was suffering ongoing seizures.

Muswellbrook Local Court heard on Wednesday that the speedometer of the man’s wrecked vehicle was stuck at 150km/h after a crash in the Upper Hunter, although magistrate Kevin Hockey said he “could not necessarily accept” that that was the speed the man was travelling at when the crash occurred.

The man, who cannot be identified for legal reasons, was refused bail after being charged by crash investigators over the October 1 crash on a rural road in the Upper Hunter.

The man, aged in his 40s, is also facing charges of dangerous driving causing grievous bodily harm; causing bodily harm by misconduct – in charge of vehicle; negligent driving occasioning death; negligent driving (not occasioning death or grievous bodily harm) and driving a car with an illegal drug in his system.

Court documents allege the man “drove a motor vehicle, while aware he was suffering from seizures and had been informed by medical practitioners he should not drive due to his medical condition, at excess speed for the road conditions with an illicit drug in his blood”.

The man was arrested on Tuesday following a four-month investigation into the fatal crash on October 1, 2022.

The court documents also allege he had 0.52mg/litre of Delta9-THC – the cannabinoid responsible for making people experience an intoxicating effect when they consume cannabis – in his system.

The count of causing bodily harm by misconduct relates to the man’s teenage daughter, who was also in the car, and alleges he allowed his vehicle to “leave his lane of travel”, court documents allege.

The court heard the man had allegedly “lied” to authorities about suffering from “seizures and blackouts” due to epilepsy.

Prosecutors had opposed a release application, citing concerns about the man’s ability to attend further court appearances, the seriousness of the offence, possible interference with witnesses, the possible ongoing danger to the community and the strength of the prosecution case.

The man’s solicitor Joshua Whale told the court his client had been “compliant” with the investigation and had attended Muswellbrook police station on Tuesday before undergoing an interview with investigators and being charged.

The man had also not been in contact with his daughter in the “significant” amount of time since the crash, the court heard.

The man was refused bail when he appeared in Muswellbrook Local Court on Wednesday.

And although he admitted the prosecution case appeared strong, Mr Whale argued his client needed his liberty to help prepare his case, was vulnerable in jail because of some physical ailments and was suffering from mental health issues.

“He is undergoing an incredibly difficult period, as Your Honour could appreciate,” Mr Whale said.

He argued a number of conditions could alleviate concerns if his client was granted bail, including reporting to police and remaining at home unless he needed to leave for essentials or medical and legal appointments.

The conditions could also include him not contacting witnesses.

But Mr Hockey said any “unacceptable risk” could not be mitigated with the proposed conditions and refused the man bail.

He will reappear in court in April.