Damien Russell Janson causes Jake Smith’s death in Maddingley

The man who killed a Werribee motorcyclist when he grabbed the steering wheel of his mate’s ute has learnt his fate in court.

Damien Janson, 31, faced the Ballarat Magistrates’ Court this morning charged with the murder of Werribee man, Jake Smith. Smith, 24, died after he was struck by a ute on Woolpack Road at Maddingley

A man caused a young motorcyclist’s death when he grabbed the steering wheel of his friend’s ute, forcing the vehicle to crash into the victim on a Bacchus Marsh road.

Damien Russell Janson, 32, was sentenced to a minimum of six years’ jail before the Supreme Court on Friday, having pleaded guilty to manslaughter.

The court heard Janson caused the death of 24-year-old Werribee man Jake Smith on Woolpack Rd on May 20 last year, then ran from the scene, after yelling, “I’m not going to jail”.

Janson was the front passenger in his friend’s ute when he reached over and pushed the steering wheel to the right just after 7pm.

The court heard the driver tried to stop Janson’s interference, but the ute veered onto the wrong side of the road and into Mr Smith.

The collision caused Mr Smith to fly off his motorcycle, over the ute and into nearby bushland.

Mr Smith suffered fractures to his pelvis and lower limbs and was found without a pulse when his friends, who had been driving ahead of him, stopped to help him moments after the crash.

Emergency services were called and a passing driver stopped and gave Mr Smith CPR, but he died from his injuries within an hour.

The court heard the ute continued driving after the crash before the driver stopped shortly down the road.

Janson told his friend to keep driving, but he refused.

It was heard Janson told him they should report his car stolen and flee the scene.

His friend refused, saying he wasn’t going to jail for Janson’s crime.

Janson yelled back, “I’m not going to jail,” and ran off into paddocks.

He didn’t turn himself in to the police until the next afternoon.

The court heard Janson and Mr Smith had both been at a planned drug deal minutes before the crash, in which Mr Smith’s friend had intended to sell kitty litter to Janson for $1200, claiming it to be drugs.

It was heard that instead of exchanging drugs, Mr Smith’s friend had argued with Janson, and both had drawn weapons after Janson handed over a $50 note to measure the drugs.

Mr Smith’s friend left the scene and Janson was left aggrieved he had lost $50.

Janson then told his friend who was driving him to catch up to his dealer minutes before the crash.

It was heard Janson did not know Mr Smith but recognised him as the drug dealer’s associate when he turned the ute into him.

Janson was under the influence of drugs at the time.

The court heard the Bacchus Marsh man had a 22-page criminal history and had been in custody for the 378 days since his arrest.

Jake Smith was killed on May 20 2020 near Bacchus Marsh.jpg

Victim impact statements from Mr Smith’s family members were read to the court, with his mum telling the court her life felt “empty and worthless” since his death.

Janson’s lawyer told the court his client was “truly and deeply remorseful”, and that he had written a letter he was willing to read to the court.

“This was a split second decision in the fog of drug use,” the lawyer said.

It was heard Janson had ADHD, was a long term drug user and had pleaded guilty at an early opportunity.

Justice Hollingworth said she accepted Janson’s judgment may have been clouded by his lack of sleep and meth use before the incident, but that they were not mitigating factors.

Justice Hollingworth described Janson’s decision to run from the scene as a “selfish, cowardly gesture”.

Janson was sentenced to a maximum of nine years’ jail, having already served 378 days.

Justice Hollingworth said she would have ordered Janson serve 11 years’ jail, with a non-parole period of eight years’, had he not pleaded guilty when he did.