Nei Lima Da Costa has appeal denied
AN ICE addict who killed three people while he was speeding through Melbourne thinks his jail sentence is too “excessive”.
A MAN responsible for Melbourne’s deadliest joy ride believes his punishment was too great.
It was 2014 when Brazilian citizen Nei Lima Da Costa was high on ice and driving about 120km/h through Oakleigh when he ran a red light.
He struck and killed Anthony Parsons in front of his wife’s eyes, a woman he was celebrating his 10th anniversary with.
Lima Da Costa then slammed into a Ford sedan and killed another two people, Savvas and Ismini Menelaou.
He was sentenced to 16 years in prison with a minimum of 11 over the three deaths but last month lawyers appealed his sentence, saying it was excessive and new immigration laws increased the likelihood of Lima Da Costa being deported once released.
Lima Da Costa was a permanent resident on a spouse visa at the time of the crash but has since separated from his wife.
Under laws which came into effect after his sentence, visas of immigrants who commit a crime and are sentenced to more than 12 months imprisonment must be cancelled, though they can appeal.
Lima Da Costa’s legal team said the increased likelihood of his deportation was “additional punishment” because he would probably lose the opportunity to make a life in Australia and lose contact with his young daughter.
But the Court of Appeal disagreed on Monday, saying Lima Da Costa could challenge the mandatory cancellation of his visa and it was speculative what would happen after that.
The bench of three judges also rejected the argument that Lima Da Costa’s sentence was excessive.
“(His) behaviour showed complete disregard for the safety of other road users,” they said in their judgment.
“It is especially serious that the collision occurred after a sustained period of driving at life-threatening speeds, during which the applicant must have realised that sooner or later he would encounter cars or pedestrians crossing at an intersection.”
Lima Da Costa pleaded guilty to seven charges, including culpable driving.