Oscar Waters’ dangerous driving caused death of Jake Munday: court

Two families have been “destroyed”, a judge has said, after a P-plater chose to drink and drive a group of friends on the night of the AFL Grand Final, before he crashed and killed a mate.

Jake Munday, 19, was killed while riding in the boot of his friend’s car, which veered off the road and slammed into a tree in Cowes.

Two families have been “destroyed”, a judge has said, after a P-plater chose to drink and drive a group of friends on the AFL grand final night, causing him to crash his car and kill a mate.

The tragedy unfolded in Cowes on September 30, 2023 when Oscar Waters and his mates Jake Munday, Darcy Hilford, Luke Tomkins and Eden Genoni were out celebrating the AFL grand final on Phillip Island.

Waters, then 18, crashed his Subaru after leaving Hotel Phillip Island.

Mr Munday, who was riding in the boot, died as a results of the crash.

Waters was sentenced in the County Court on Thursday to two years and six months in a youth detention facility after pleading guilty to dangerous driving causing death and reckless conduct endangering lives.

Oscar Waters has been sentenced to a youth justice centre for causing the death of his mate Jake Munday in Cowes after speeding and crashing his car.

Judge Carolene Gwynn said Waters was driving at 83km/h in a 60km/h zone when he lost control of his car at a roundabout.

His actions resulted in a tragic outcome which destroyed two families, she said.

In their victim impact statement, Judge Gwynn said Mr Munday’s parents Marcus and Meaghan spoke of their indescribable pain at losing their only son in such a tragic way.

“His mum Meaghan spoke of the harrowing experience of learning of Jake’s death and then having to tell her daughters that their brother had passed away,” Judge Gwynn said.

His father described feeling like a “shell of his former self” with unrelenting heartache, pain and emptiness at losing a son who was passionate about soccer, skateboarding, surfing, snowboarding and music.

“He spoke of keeping his name alive in the community and educating young drivers in his name,” the judge said.

The mangled wreck of Oscar Waters' Subaru that he crashed at speed in Cowes and killed his mate Jake Munday.

A blood sample taken 25 minutes after the crash revealed Waters had an alcohol reading of 0.045.

“Your decision to drive at speed may have been a momentary lapse of judgment but it continued for about five minutes prior to the collision and placed you and your passengers in an obvious risk, a risk that was most unfortunately realised,” Judge Gwynn said.

“You chose to drive with flagrant disregard for the conditions of your probationary licence, with multiple passengers in your car and in the knowledge that you had consumed alcohol. “You became aware that Jake was in the boot of your car without a seatbelt but you chose to drive at an excessive speed.”

She said youth justice detention was suitable, given Waters’ age, no priors, an extremely supportive family and his employment skills.

In Victoria, drivers with P1 licence (or red P-plates), must have no alcohol in their system and may not have more than one passenger who is between the ages of 16 and 22 unless they are a spouse, domestic partner, sibling or step-sibling.