James Abee killed elderly Phillip Island couple in collision while driving at ‘grossly excessive speed’
A drugged-up hoon was doing speeds of up to 175km/h before he smashed into the car of an elderly and popular Phillip Island couple, killing them and leaving behind a broken family.
South East
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A drugged-addled hoon who killed an elderly couple in a “violent” and “catastrophic” collision has been jailed for 11 years
James Abee, also known as James Britt, 22, was sentenced in the County Court on Friday for claiming the lives of Denise and David Mitchell in a horror collision in Devon Meadows.
The Cranbourne man, who was 19 in September 2021, was speeding along the South Gippsland Highway at “outrageously dangerous speeds”, weaving in and out of other cars and mirroring the driving of his mate, James Voss who was driving another Commodore.
Denise Mitchell, 84, was driving her husband David Mitchell, 85, to their home in Phillip Island after a medical procedure in Langwarrin when she went to turn onto the South Gippsland Highway from North Rd in Devon Meadows.
Abee came flying down the highway and due to his excessive speed had no time to break, hurtling into the back of the elderly couple’s car.
Mr and Mrs Mitchell died at the scene and were described in court as “broken bodies trapped in a car”.
A sample of Abee’s blood showed he had meth in his system at the time of the crash and was also found with meth on him after the incident
The court heard Abee had been going between 166km/h and 175km/h when he rammed the couple.
Mr and Mrs Mitchell had been together since they were just 18 years old and daughter Mandy Hatfield said in court she hoped they had a moment to say something to or even look at each other before they died.
“This is the most horrific thing that has ever happened to me,” she said through a statement.
“My chance, maybe even my right, to be with my parents when they died has been taken away.”
Their other daughter Jenny Gotham read her statement to the court where she detailed how much Mr and Mrs Mitchell loved each other and how much they were loved by the Phillip Island community.
“They loved living on the Island, they would go for a walk on the beach every morning and chat to people,” she said.
“Now I am left with the consequences of what has happened.
“The last time I saw my parents they were in their coffins.”
Mr Mitchell was a part of the golf club on Phillip Island and Mrs Mitchell was a member of many groups including croquet, book and film clubs.
John Desmond, for Abee, submitted to the court his client’s ADHD and substance abuse disorder made him more impulsive and prone to not thinking through the consequences of his actions.
He also said while Abee was speeding, by the time he saw the car in front of him there was nothing he could have done to prevent the collision.
Judge John Mullaly said Abee’s “stupid act” had resulted in “utter devastation” and he would now pay the price.
“It is a brave step to send such a young man to prison for over a decade, but this was wholly avoidable,” he said.
At the time of the collision Abee was the holder of a P1 licence and had previously been picked up by police for “extreme speed” on multiple occasions.
He was sentenced to 11 years for two counts of culpable driving causing death as well as a charge of possessing a drug of dependence.
However, Judge Mullaly set a non-parole period of seven years and four months.
Abee had already served 223 days of pre-sentence detention.
