Man who killed mate in Somerville smash blames alcohol for his persistent breach crimes
A man who was nearly three times over the alcohol limit when he crashed his car in Somerville, killing a mate and seriously injuring another friend, is in jail again — and he blames the smash for his continued lawlessness.
South East
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A deadly drink-driver jailed for killing a mate in a serious Somerville smash is back behind bars, blaming his continued offending on the trauma caused by his alcohol-fuelled crash.
In the Frankston Magistrates’ Court on Monday, the man, who cannot be named for legal reasons, pleaded guilty via videolink to persistent contravention of an intervention order and criminal damage.
The court heard the man repeatedly breached court orders by drinking and breaking in to his former partner’s home.
He had been told he was not allowed to drink or take drugs while at the home he shared with his then-partner and two children.
But the man was found in the side yard of the property extremely intoxicated, having drunk six VB stubbies, four cans of Jack Daniels and three lemon Ruskis, on December 5 last year.
Six days later he broke into the house during the night, putting his ex-partner in fear, after earlier being told to leave.
The man’s ex-partner said he had smoked ice in the presence of their daughter on February 3 this year, and police were called.
The man denied it was drugs he was smoking, saying what was seen was in fact white smoke from a vape.
He was banned from the home, but just 12 days after he used his key to gain entry while his partner slept.
He ran off when police came but was tracked by the dog squad and found 300m away in a nearby street.
In 2007 the 32-year-old was given four years inside, with a minimum of 16 months, after the deadly December 2006 crash.
Then aged 21 he was driving when he lost control of his car killing an 18-year-old passenger and seriously injuring another pal after they had been all-day drinking at HMAS Cerberus.
After leaving the naval base to get more grog he sped through a roundabout at 93km/h, smashing into a tree and breaking the car in half. He then blew .141.
The man’s defence lawyer said his drinking and drug use spiralled due to diagnosed post-traumatic stress disorder from the fatal accident.
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She said he still suffered flashbacks and nightmares, and used alcohol and drugs as coping mechanisms.
The man had tried hypnotherapy and counselling to combat his substance abuse issues, she said.
Magistrate Stephen Lee said while there were no allegations of violence or abuse levelled at the woman, he continued to drink while at the property or attend it when he was not meant to.
Mr Lee said the man “needs to get some insight, he needs awareness”, indicating he would likely be jailed and have to do a community corrections order with work and treatment conditions.
The man, who has already spent 128 days in custody, will be sentenced later this week.