Adem Arpaci has sentence reduced over fiery drag race crash

A hoon involved in a high-speed street race that killed two teens has had his ”manifestly excessive” sentence slashed, after successfully arguing the actions of his rival driver were a significant factor in the fiery crash.

Adem Arpaci has had his sentence reduced on appeal. Picture Norm Oorloff

A hoon involved in a high-speed street race-turned fiery crash that killed two teenagers will be freed from jail sooner after arguing his 14-year jail term was manifestly excessive.

The Court of Appeal today resentenced Adem Arpaci, 23, to 10 ½ years behind bars, saying the equally bad conduct of his rival driver reduced his moral culpability.

He was in 2018 ordered to be locked up for 14 years after a County Court jury found him guilty of two charges of culpable driving causing the deaths of Harley Churchill, 19, and Ivana Clonaridis, 18.

Harley Churchill was killed when he lost control during drag race with Arpaci.

Ivana Clonaridis was in the passenger seat and died in the crash.

Arpaci and Mr Churchill had left a Northern Skids illegal burnout meeting when they began racing each other, clocking speeds of more than 180km/h, along the Western Ring Rd in the early hours of January 27, 2016.

As they approached EJ Whitten bridge, a rear tyre blew on Mr Churchill’s ute, causing him to lose control, hitting a side barrier and sending the vehicle rolling down the valley before it exploded into flames.

Mr Churchill was thrown from the vehicle and died.

Ms Clonaridis was in the passenger seat and perished in the inferno.

Police at the crash scene at EJ Whitten bridge. Picture: Nicole Garmston

Multiple witnesses reported seeing Arpaci and Mr Churchill driving at high speeds, weaving in and out of traffic before the crash.

Other motorists told how Arpaci had tried to engage in a race with them, revving his silver Ford sedan beside them.

But Court of Appeal Justice Stephen Kaye, alongside justices Phillip Priest and Chris Maxwell, agreed sentencing judge Frances Hogan did not give “appropriate weight” to Mr Churchill’s conduct being a significant contributing factor to the fatal crash.

“In the circumstances of the case, I do not consider that it was open to the judge to evaluate the mitigatory effect of Churchill’s driving as only being ‘very moderate’,” Justice Kaye said.

“The conduct of Churchill constituted a relevant mitigating factor, both in moderating the applicant’s moral culpability, and also on the basis that it of itself was a substantial contributing cause of the fatal accident.”

Ms Clonaridis was just 18 when she died in the fiery crash.

The appeal judge’s said Mr Churchill actions was also to blame for the crash.

Justice Kaye added: “It is of course trite that both the applicant and Churchill, in driving their vehicles, owed a duty of care to all other persons who might have been in or about the highway.

“However, in addition, Churchill owed a specific duty of care to Ms Clonaridis. He was directly responsible for her safety and wellbeing as his passenger.

“Churchill’s driving, on that evening, was a most serious breach of that duty of care.”

Other mitigating factors to be taken into consideration, the appeal judges said, was Arpaci’s youth, his positive prospects of rehabilitation, the fact he had no prior convictions, as well as his good character, gainful employment and family support.

Arpaci’s parole period was also slashed from 9 ½ years to seven years.