Pillion passenger on bike that struck nurse claims her death should stop him going to jail
A teen riding pillion on the bike that killed a nurse has used the incident to try to avoid going to jail over other crimes, despite pleading guilty.
Law & Order
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A teen on the monkey bike that struck and killed a mum of two is trying to use the tragedy to avoid jail over a shocking crime spree.
Brayden Wayne Gates, 19, was the pillion passenger on the bike that ploughed into Andrea Lehane on a pedestrian crossing at Carrum Downs shopping centre in September 2015.
CCTV captured Gates and killer rider Caleb Jakobsson being thrown from the bike on impact with the much-loved nurse. Gates ran off through the carpark. He was never charged over the hit-run.
The Sunday Herald Sun can now reveal the young hoon has pleaded guilty to a string of crimes including carjacking, dangerous driving, committing an indictable offence while on bail, driving while disqualified and dealing with proceeds of crime.
But he told the court he shouldn’t go to jail because he has post-traumatic stress disorder over Ms Lehane’s death.
“He was a passenger on a motorbike where a pedestrian was killed. It would be horrific for anyone to deal with,” his lawyer, Veronika Drago, told Melbourne Magistrates’ Court.
Gates’ bid to avoid jail is another blow for Ms Lehane’s husband James and their two children, who were just four and three when their mum was killed.
Jakobsson was jailed for a minimum of four years for culpable driving. The maximum is 20 years.
Ms Drago asked magistrate Peter Reardon to place Gates on a community-based order.
She said he was “a young man” on drugs and going through a breakup at the time of his offending. She said he had no mother in his upbringing and his father and younger brother had been forced from their home because of police raids on the property due to his wayward ways.
“He’s hopefully getting a bit older and understanding the effect this is having on his family,” she said.
A move from a country justice centre to Port Phillip Prison in March had also been “quite an overwhelming” experience for him.
Mr Reardon became frustrated when Ms Drago suggested Gates was at a crossroads and ready to turn his life around.
“He’s at a crossroads at 19? I doubt it,” the magistrate said.
“Most offending in our community is done by young males aged 18 to 25.
“He’s 19 and can’t cope with a failing relationship. How is he going to cope with life?”
Gates had a “prolific” criminal history, Mr Reardon said.
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When Ms Drago suggested Gates was now in a supportive relationship with someone who doesn’t use drugs, Mr Reardon remarked: “So what?”
He added: “We’re talking about … 19 year olds. How long is it going to last?”
The prosecution said the only suitable punishment for Gates was jail.
Mr Reardon deferred sentencing until August but released Gates on bail to take part in the Salvation Army’s Bridge program, a six-week intensive drug and alcohol residential rehabilitation course in Bendigo.
After that he must live with his father, abide by a 10pm to 6am curfew and report to police twice a week.