Judge says Asyai Luk, who left sister for dead after dragging her with car, ‘a victim’
An unsupervised L-plater who dragged her sister along a road before leaving her to die is herself “a victim” and “brave” for undertaking a road trauma awareness course, a judge has said.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
An unsupervised learner driver who abandoned her dying sister on the road after a horrific smash led an almost “blameless life” and is herself a victim, a judge has said.
Asyai Luk, 24, faced a downgraded charge of careless driving in the County Court on Monday over her role in the “terrible” death of her sister Anong Luk in Sunshine on November 22.
The pair were fighting when Asyai drove off as her older sister desperately clung to the outside of their mother’s car on High St.
The car smashed into a parked Nissan Patrol, sending Anong flying face first into the Patrol’s bulbar.
The court heard Anong fell to the ground screaming, with Asyai unaware her sister was critically injured as she took off from the scene.
Anong suffered extensive facial and skull injuries and died in hospital that evening.
Asyai, now a single mother, was initially charged with dangerous driving causing death but pleaded guilty to the lesser charge of careless driving after striking a deal with prosecutors.
On Monday, her lawyers argued she should receive an adjourned undertaking without conviction, meaning she escapes with a clean criminal record.
Barrister Kyle McDonald told the court Asyai, who was supported in court by her mother, shouldn’t be made to further suffer for her actions.
The court heard her mental health has deteriorated since the crash and she fears a criminal conviction would squash her aspirations to become a social worker.
“For this woman, there are no prior findings of guilt and there is a high likelihood she won’t come before a court again so we are trying to minimise what will follow her as she embarks on a career in the future,” Mr McDonald.
The court heard that months prior to the deadly crash, Asyai was caught speeding 25km over the limit.
Judge Kellie Blair said beside that she had led a “blameless life” and was herself a victim having lost her sister.
“Even though there were devastating consequences, her moral culpability is low,” Judge Blair remarked.
Judge Blair also described the accused as “brave” for recently undertaking a road trauma awareness course.
Crown prosecutor Peter Pickering argued the accused driver should be fined with conviction.
Mr Pickering noted the charge the accused now faces represents the “lowest level of bad driving” and the court must take regard to the “terrible consequences” of her actions.
Asyai, who is also charged with driving unsupervised on a learner’s permit, will be sentenced on Wednesday.