Marvin Younis guilty of dangerous driving causing death of Jack Baho

A Greensborough man whose decision to speed through a red light caused his friend’s death claimed he chose to accelerate in an attempt to avoid the crash, instead of braking.

Marvin Younis (right) has pleaded guilty to dangerous driving causing death over a crash in November 2018 that killed a 20-year-old Campbellfield man. (AAP Image/Julian Smith)

A young man who was behind the wheel when his friend was killed in a two-car smash made a “grave error” by choosing to accelerate instead of hitting the brakes when he attempted to avoid the crash, a court has heard.

Marvin Younis, 29, pleaded guilty to dangerous driving causing death at the County Court on July 5 after the accident at a Greenvale intersection killed his friend Jack Baho.

The Greensborough man had three passengers in his car when he approached a Greenvale intersection at 2am on November 25, 2018, with Mr Baho who was 20 years old at the time, in the front seat.

Jayson Ziro, a then 18-year-old P-plater, was also travelling toward the same intersection — which had a 60km/h speed limit — at 82km/h.

The court heard the two drivers both sped through the red traffic lights, as Younis increased his speed to 92km/h and swerved when he saw Ziro was also entering the intersection.

Marvin Younis drove through a red light into a Greenvale intersection when Jayson Ziro collided with the passenger door, killing Jack Baho in 2018. (Picture: Supplied)

Younis claimed he accelerated in order to avoid a collision.

Ziro crashed into the passenger side of Younis’ car at speed in the middle of the intersection and Mr Baho died at the scene from severe injuries.

All of the other occupants of the two cars sustained minor injuries.

Ziro had been out drinking at a Prahran nightclub beforehand and had a blood alcohol reading of 0.046.

He was sentenced in 2021 to 26 months’ jail for culpable driving causing death.

CCTV footage showed Younis drove into the intersection two seconds after the traffic light became red, but when interviewed by police at the scene he claimed it was yellow and there was not enough time for him to stop.

Younis had previously been charged with four other driving offences.

Judge Rosemary Carlin said Younis showed a disregard for the rules of the roads

“(They are) hoon type of offences (and) they didn't deter him,’’ he said.

“I would’ve thought what’s happened now would finally have had that effect.”

She called Mr Younis’ choice to accelerate into the intersection was a “grave error of judgement”.

“Instead of doing what any reasonable person would have done which was apply the brakes … it was a deliberate decision to speed up at full throttle when facing a yellow light once he's seen another car entering the intersection.

“He knew he’d sped before and yet he chose to speed again.”

James Fitzgerald, acting as defence for Mr Younis, said he’d suffered symptoms of post-traumatic stress disorder and depression after the accident.

“This situation resulting in the death of his good friend has turned (his) life completely on its head.

“He was well known to (Mr Younis) … (it) has affected him and changed him, it has changed his attitude,” Mr Fitzgerald said.

Younis will return to court to be sentenced on Friday, July 7.