Mario Formosa jailed after leaving his best mate Daniel Hamming to die on road at Wootton
A man has been jailed after he left his best mate to die following a car crash on the NSW mid-north coast.
Newcastle
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A man who left his “best friend” for dead after the car he was driving lost control and slammed into a tree has been sentenced to six and a half years jail.
Mario Anthony Formosa, 51, a drug dealer from Wootton, left friend Daniel Hamming moaning in agony and semi-unconscious in the front passenger seat of his car after it crashed in wet conditions on Wootton Way around 4.30am, October 15, 2017.
Instead of going to his friend’s aid, Formosa left him there with serious injuries, including a skull fracture and rib, lung and liver injuries, for more than two hours before he finally called triple-0.
The court heard after he fled the scene, he made numerous calls and text messages to friends asking them to come and pick him up.
In that time, Mr Hamming had died and his body was found by a passing motorist.
Doctors later said Mr Hamming may have survived if he was rendered assistance immediately.
Formosa was tracked down by police 13 days later and charged with dangerous driving occasioning death, fail to stop and assist and negligent driving.
At the time of arrest he was also wanted on other matters, charged in August with a string of drug offences including supply and possession of methamphetamine and heroin and unlawfully obtain goods in custody, relating to a stolen license.
He pleaded guilty to supply charges and unlawfully obtain goods and possession charges were withdrawn.
Formosa’s lawyer Elizabeth McLaughlin told the court her client was a man who had lived on the edge and had a darker side.
“He had struggled with drug issues since 2000. He had a sporadic drug history, and his drug use was escalating,” she said.
“The accident was caused by his negligence. Yes it occurred late night in an isolated location, his passenger was his friend and he put his own needs first, as he was a man on parole.
“But his call two hours later showed an effort of sorts to fix the situation.”
Ms McLaughlin went on to say Formosa’s time in custody also saw him suffer greatly.
“He has been assaulted. There is an exacerbation of post traumatic stress disorder (PTSD) and anxiety due to the crash and a prior violent home invasion,” she added.
“That is important and should be given weight your honour.
“He does talk about losing the victim which he says was his best friend and loss of things he’s worked for in the last 30 years. He sees himself as being at rock bottom, he is a broken man.”
The Crown Prosecutor noted due to the location and time of the fatal crash, Formosa must have known his friend would be trapped, isolated on the side of the road for some time.
“He was actively looking after his own interest and disregarding that of the victim,” he said.
“There is no evidence of remorse, just a letter. The remorse has come late when it comes to sentencing.”
Upon sentencing Judge Roy Ellis told the court Formosa’s moral culpability was in the high-range.
“It is clear the offender put his own interests before the interests of the deceased victim,” he said.
“Until his own interests were safe guarded, he wasn’t prepared to do anything for his friend.
“He must of realised it was very unlikely anyone would travel past the crash site.”
Formosa was sentenced to six years and six months jail, with a non-parole period of three years and nine months.
He also was disqualified from driving for a total of six years.
With time already served since 2017, Formosa is eligible for release in June, 2021.