Killer driver Sarkis Nakhoul ‘terrified’ for his family if jailed for causing death of Justine Cabral

A killer driver convicted by a jury of causing the death of a 24-year-old in a crash in Central Victoria told a court “I wish it was me who died” as he tries to avoid a jail sentence.

Sarkis Nakhoul, 42, stands trial charged with dangerous driving causing death after he caused a fatal collision when failing to give way at the intersection in Toolleen. Picture: Gianni Francis/GoogleMaps

A killer driver convicted by a jury of driving dangerously and causing the death of a woman in Central Victoria told a court “I wish it was me who died” as he tries to avoid a jail sentence.

Sarkis Nakhoul, 42, faced Bendigo County Court on Thursday arguing he shouldn’t be jailed after he failed to give way at the intersection of the Axedale-Toolleen and the Northern highways at Toolleen, causing the fatal collision on November 5, 2022 that claimed the life of Justine Cabral, 24.

The Sydney tradie who runs a construction company out of the suburb of Wentworthville had pleaded not guilty, arguing he had made a “tragic mistake” but had not been driving dangerously, while the prosecution argued Nakhoul had failed to keep a proper lookout and he “took the life of an innocent person”.

Sarkis Nakhoul, 42, stands trial charged with dangerous driving causing death after he caused a fatal collision when failing to give way at the intersection at Toolleen in Central Victoria. Picture: Gianni Francis.

Ms Cabral’s mother told the court in a statement her daughter’s death had left her with the “agonising” pain only a “parent burying their only child” could feel.

“Her loss was hard to accept and inconceivable” and she wanted “justice”, she said.

Ms Cabral’s sister told the court “no words could fully capture the depth of the pain and the loss we have experienced since that day”.

She said her sister was “full of hopes and dreams” and struggled to understand how her sister could have been “destroyed” by something so “senseless and avoidable”.

“She had her whole life ahead of her and that life was taken from her – from us – in an instant,” Ms Cabral’s sister said.

“Her absence has left a permanent void in our lives.”

Ms Cabral’s partner, who was driving when Nakhoul caused the crash, said their future together had been taken away.

She had been looking forward to travelling around Australia, and had just taken the learners permit test the day before the crash, but died in hospital the next day before she could hear the news that she had passed.

Sarkis Nakhoul caused a fatal collision when failing to give way at the intersection of the Axedale-Toolleen Hwy and the Northern Hwy at Toolleen on November 5, 2022. Picture: Google Maps.

“This collision should not have happened and if it didn’t I would still have Justine home with me now,” he said.

Nakhoul took the stand before more than two dozen of his friends and family – including a priest – who had travelled down to Bendigo from Sydney saying “I still haven’t forgiven myself for what has occurred”.

“I am so sorry for the accident. There were no bad intentions, it was just a horrible mistake,” he said.

He said since the crash he had “never been the same”.

“Still to this day I see Justine lying motionless on the road,” he said.

“I wish I wasn’t alive. I wish it was me who died in the accident, not Justine.”

Sarkis Nakhoul. Picture: Gianni Francis.

Nakhoul said he was “terrified” about what would happen to his wife and four young children if he was jailed, with defence barrister Hayden Rattray arguing it would be “unjust” to lock Nakhoul up because it would leave his family in hardship.

Mr Rattray argued Nakhoul was “profoundly remorseful” and the killer driver had taken the case to trial because he maintains the position it was an accident – not because he didn’t take responsibility.

Mr Rattray said Nakhoul was a “thoroughly decent human being” of the “highest moral calibre” with strong community ties through his local church and community.

Nakhoul “did not know that he was approaching that intersection too fast” and he had not intended to hurt or kill someone that day, Mr Rattray argued.

Judge Mark Gamble said the nature of the charge often meant good people came before the court “wracked with guilt”, but ultimately Nakhoul “should have been in a position to stop at that intersection if there was a need”.

Mr Nakhoul will return to court at 11am on Friday as the hearing continues.