By Emily Woods
A young man had his head buried in his phone. When he looked up, he had killed a beloved father and injured his son.
Over a 12-kilometre distance, Peter Agius sent 44 Snapchats while driving at 100km/h down a busy country road in Gippsland.
Peter Agius has been sentenced to six years in prison after killing a father and injuring his son in a crash.Credit: Sam Mooy
He received 41 replies, including one 20 seconds before the deadly crash.
His victim, Adam Sutton, had just picked his six-year-old son up from school when they were struck by Agius’ vehicle in January 2023.
Sutton died at the scene while his critically wounded son was taken to hospital, suffering a permanent brain injury.
County Court Judge Kevin Doyle labelled Agius’ offending as “extreme inattention”, jailing him for at least six years on Thursday.
“A life was lost and a young child’s life has been damaged by your actions,” the judge told Agius, 23, who cried as he learnt his fate.
Agius had fought the two charges of culpable driving causing death and negligently causing serious injury at a jury trial in regional Victoria.
He claimed to have dropped his sunglasses while driving, saying he looked down to pick them up when the crash occurred.
His lawyers argued that Agius should be convicted of dangerous driving causing death and serious injury, not the more serious charges.
But prosecutors said Agius was not paying attention to the road because he was sending and receiving dozens of Snapchat messages while driving, which was grossly negligent behaviour.
Analysis of Agius’ phone revealed he sent and received 85 Snapchat messages while driving the 12-kilometre stretch between his worksite and the crash scene, at the intersection of Traralgon-Maffra and Farmers roads in Glengarry, 11 kilometres north-east of Traralgon.
A jury ultimately convicted Agius of the culpable and negligent driving charges in April 2025.
Judge Doyle said Agius was “an accident waiting to happen” and that he would have seen Sutton waiting to turn right if he had been paying attention.
“The duty of every driver is to pay proper attention to the road – you didn’t do that,” he said.
Agius had a history of dangerous driving, including a fine and the loss of his licence for dangerous driving during a police pursuit in 2022.
In 2020, he was ordered to undertake a road trauma awareness course for careless driving.
And in February 2024, he was caught driving while on bail for the crash that caused Sutton’s death, despite a ban.
“Twice before this catastrophic collision, you had engaged in incredibly stupid driving offences,” the judge said. “You should have understood the basic duties of driving from these experiences, but you did not.”
Sutton’s loved ones told the court he was “deeply loved as a husband, father, son, brother and friend to many people”, Doyle said.
Leanne Sutton said 1000 people attended her son’s funeral, with 2000 watching online, and his death left “an enormous void” in the lives of all who knew him.
His father, Ray Sutton, said the pain and distress caused by Adam’s death was “indescribable” and not a day went by that he did not think about “the life sentence we’ve been given”.
Agius was jailed for a maximum of nine years and eight months. He has already served 122 days of that sentence. He will be eligible for parole after serving six years.
AAP
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