‘Insultingly light sentences’: Crash victim’s husband Mick Duke demands law change

For Mick Duke the delay in the release of a long-awaited Law Reform Commission report into serious crash legislation is another stab in the heart after he lost his beloved wife Jo.

Grieving families are furious that the “long-overdue” report into overhauling laws relating to serious road crimes has still not been released, saying they are “trapped in a legal system that prioritises offenders over victims”.

One year after submissions were made, families are still waiting for the Law Reform Commission Report release, despite being told in December it was due within weeks.

Road Trauma Support Group (RTSG) chairman Tom Daher said grieving families were in limbo, “left to pick up the pieces of their shattered lives while offenders walk free or receive insultingly light sentences”.

“This is not just a delay, it’s a betrayal,” Mr Daher said.

Research by RTSG presented to the state government found that 67 per cent of grieving families feel the justice system prioritises offenders over victims. More than 70 per cent of fatal road crimes involve reckless driving or speeding, yet many offenders receive home detention or suspended sentences.

Mick Duke is pushing for reforms to enforce stricter sentences on offenders causing death on the roads. Picture: Richard Dobson

The report also found 64 per cent of NSW residents believe drivers responsible for fatal road crimes should be charged with vehicular manslaughter.

“These figures paint a grim picture of a justice system failing those left behind,” Mr Daher said.

“The delay in releasing the Law Reform Commission’s findings only prolongs their suffering.”

The RTSG NSW Law Reform Commission submission pushes for critical legislative changes,

including stronger sentencing guidelines, judicial accountability, and victim impact panels.

RTSG NSW is calling on Attorney-General Michael Daley to release the Law Reform

Commission report immediately “and take action to address the broken system that allows road killers to escape meaningful consequences”.

For Mick Duke the delay is another stab at the heart after he lost his beloved wife Jo six years ago.

She was killed when Troy Xerri, the brother of NRL star Bronson Xerri, lost control of his Toyota HiLux ute while speeding and crossed on to the wrong side of the road, crashing head-on into her hatchback.

Mick Duke will not allow his beautiful wife Jo’s death to be in vain. Picture: Supplied

“Jo spent her final moments trapped in the wreckage, enduring unimaginable pain before succumbing to her injuries some 35 agonising minutes later,” Mr Duke said.

After two years and four months in prison, Troy Xerri was released on parole.

Mr Duke said he and his children felt they had been let down by the system “in so many ways”.

“He was found guilty of a lesser charge that had a maximum penalty of 10 years in jail, but what he ended up getting was 45 months and that was backdated,” Mr Duke said.

“It’s still very, very raw for us.

“The fact that he killed my beautiful wife Jo and that’s the punishment is just a joke.

“He will be out of jail soon.”

Mick Duke with his wife Jo, who was killed in the car crash in 2019. Picture: Supplied

“What we are really trying to do is get some sort of reform happening. Manslaughter charges should apply to these types of crimes, not lesser charges which result in minimal custodial sentences.

“If you’ve broken the law and you cause through criminal actions the death of a beautiful person like Jo, then how is that not deemed as serious as manslaughter. where there is the potential to get 25 years.

“Myself and my sons, we’ve had a meeting with the NSW Attorney-General and that was quite good, but the end result is we are still waiting for this report, we just keep waiting.

“This year 102 people have been killed on roads already, that’s virtually one per day.”

Acting Attorney-General Ron Hoenig said the NSW government would closely consider the NSW Law Reform Commission review into penalties for serious road crime offences.

“Road trauma inflicts significant suffering on families and communities, and we are always looking at the ways the law can be improved to better support victims,” he said.

“A range of criminal offences can apply when a driver causes the death of another person, with penalties extending up to life imprisonment.

“It is important to acknowledge that no criminal penalty can ever make up for the death of a loved one to road crime.”

The Law Reform Commission has been contacted for comment.

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