Leppington: Savyo Khamou sentenced after Nicholas Hoenselaars killed in Christmas Eve crash

A P-plater who drove at ‘obscene speeds’ during a police chase that killed his friend one Christmas Eve wept in court as he learned he will spend longer behind bars.

Nicholas Hoenselaars died during a police chase at Leppington on Christmas Eve in 2020.

A P-plater who was pushing speeds of 160km/h during a police chase that killed his mate Nicholas Hoenselaars at Leppington on Christmas Eve wept after learning he was sentenced to five years in jail following the crash in 2020.

During an emotion-charged sentencing at Parramatta District Court on Monday, family and friends of 20-year-old offender Savyo Khamou and Mr Hoenselaars filled the tense courtroom as Judge Stephen Hanley sentenced him to five years in jail with a non parole period of 2 ½ years, making him eligible for release on December 28, 2025.

It was 2 ½ years since the fateful night that Khamou sped off at 113km/h when police detected him speeding after he and the victim had just left Arabella’s Bar and Grill at Smeaton Grange.

Police detected him speeding on Camden Valley Way because he wanted to avoid losing his licence and getting in trouble from his parents.

Just three months earlier, he had copped a fine for speeding 15km/h over the limit and had only held his licence for nine months.

He and Mr Hoenselaars, 18, were singing and had the music loud but could hear police sirens indicating Khamou to stop. Instead, he turned left on to Heath Rd and after a 2.7km pursuit and struck a power pole on a dimly-lit Eastwood Rd.

The catastrophic crash ejected the victim – who was the front seat passenger – from the Mitsubishi Lancer.

He died at the scene.

Nicholas Hoenselaars died on Christmas Eve 2020.

Khamou was charged with manslaughter, P1 driver exceed speed more than 30 km/h and police pursuit – not stop – drive recklessly.

He pleaded guilty to manslaughter last December ahead of a scheduled trial.

No formal pleas were entered for the related charges.

Judge Hanley told the court Khamou, a former car salesman, would have been speeding 157km/h immediately before the crash.

“Even though he was being immature he must have been aware he should not have been driving at that speed,’’ he said.

Judge Hanley said the offender had PTSD, genuine remorse and the sentence should “not be a crushing one that adversely impacts his rehabilitation”.

He said his behaviour needed to be denounced before describing the immense pain Mr Hoenselaars’ family had suffered.

The handcuffed Khamou started crying and looked at his family when he was taken back into custody from the dock.

‘Self pity’: Manslaughter offender’s claims rejected

On Friday, Judge Hanley rejected claims from Khamou that doctors told him he would rot and die in jail.

The claims were heard at Parramatta District Court when Khamou awaited sentencing for the horror crash that killed Mr Hoenselaars.

Khamou’s barrister Ertunc Ozen SC told the court his client made the claim when medical practitioners, including Dr Mark Tattersall, consulted him in custody a week after the fatality.

In giving evidence, Dr Tattersall denied making that statement to Khamou or any of the “thousands” of inmate patients he had treated since 2019.

“I wouldn’t say anything like that,’’ he told the court via video link.

Dr Tattersall said Khamou would have been suffering acute stress and lacked insight into court proceedings, thinking he would be home shortly after being placed in custody.

“He would have thought he was going to court the next day and then going home,’’ he said.

Nicholas Hoenselaars was 18 when he was killed.

A “surprised” Judge Hanley did not accept Khamou’s claims about the medical practitioners.

“I don’t accept any of them would say anything like that,’’ he said.

Khamou, whose bail was revoked on July 19, appeared before a courtroom packed with his supporters and family and friends of the victim.

Khamou was charged with manslaughter, P1 driver exceed speed more than 30 km/h and police pursuit – not stop – drive recklessly.

Khamou sped off when police detected him speeding after he and Mr Hoenselaars left a restaurant.

Mr Ozen called for his client’s sentencing not to be an “eye for an eye” punishment after the fatality had “caused terrible grief for two families”.

“This is an involuntary homicide case,’’ he said.

“This is not one of any intention to harm anybody.

“The offender lost a friend. This was a spur-of-the-moment decision – a very stupid decision that had the greatest possible consequence.’’

Savyo Khamou outside Campbelltown Local Court in 2021.

The court heard how speeds reached 113km/h during the pursuit.

Mr Ozen told the court Khamou, who he said suffered from anxiety and depression, was only 18 when the fatality happened.

He said he should be dealt with in special circumstances and asked the judge not to impose a sentence “that means a second life thrown away”.

“He is truly remorseful,’’ Mr Ozen said.

“He is a young man who is going to need a lot of intervention and support.’’

Crown prosecutor Louie Christoff told the court the “selfish” Khamou attempted to evade police so he was not at threat of losing his licence after he already copped a speeding fine in his short nine months of driving.

“After fear of wrongdoing, he could have stopped but he turned left near a dark street – where he had no business going – and he accelerated his vehicle to obscene speeds,’’ he said.

“The motive here is pure selfishness and pure fear for the consequences that flow for minor wrongdoing, and pure indifference to the suffering of others, and potentially himself – in fairness, to that course of conduct.’’

The court heard Khamou did not know Nicholas’ surname 2 ½ years after the fatality.

“The remorse that the offender has is superficial,’’ Mr Christoff said.

“The offender in his evidence and conduct … is more concerned with self preservation, self pity rather than a genuine acceptance in his hand in the death of an 18-year-old boy.’’

He said Khamou maintained his innocence over the victim’s death until December last year when he pleaded guilty to manslaughter ahead of a scheduled trial.