Luke John Foster sentenced to home detention for negligently causing mate’s road death

A young man has learned his fate after losing control of his ute while drink driving on a country road – a tragic mistake that cost his friend’s life.

• Young man behind the wheel of crashed car that took friend’s life to discover fate for negligent driving
• Youth faces court over 2019 road fatality at Lemont

A YOUNG man will spend eight months under home detention after losing control of his ute while drink driving on a country road – a tragic mistake that cost his friend’s life.

Luke John Foster, 21, avoided a custodial jail term on Tuesday in the Hobart Magistrates Court following the horrific August 2019 crash at Lemont, in the Southern Midlands.

Magistrate Reg Marron said his friend, former Dominic College student Justin Groves, died at the scene despite Foster’s attempt to resuscitate the 20-year-old with CPR.

Sentence for youth who caused friend's road death

Mr Marron said the two youths had been drinking beer and visited a friend at Stonehouse Road, but drove away when their friend wasn’t happy about their late-night drop-in.

Foster – who was on his P-plates but had a blood-alcohol level between 0.108 to 0.188 – drove away down the unsealed road while Mr Groves stationed himself on the side step of the vehicle, holding onto the roof.

Mr Groves got inside the white 2008 Ford Ranger ute, but Foster lost control as he came out of a right-hand curve, fishtailing before the vehicle rolled over.

During the rollover, Mr Groves was ejected from the vehicle and died at the scene.

Mr Marron said a subsequent crash investigation showed Foster was driving at 78km/h – which was within the speed limit but too fast for the conditions, as the fastest speed that could have driven that section of road without losing control was 70km/h.

The magistrate noted Foster not only drove drunk when the conditions of his license required a blood-alcohol level of zero, he had also driven a manual vehicle when he only had an automatic license.

Mr Marron said “both boys were aged 20 at the time”, were good friends, and that Foster had “shut down” since the tragedy.

“I am left in no doubt that his remorse is genuine,” he said.

“The memory of what happened has never left him.”

Foster has previously said he wished he could undo what happened, and apologised to his friend’s family.

Clinical psychologist Kate Savage told the court that Foster suffered alexithymia – which is when a person experiences difficulty expressing emotion.

She diagnosed Foster with an adjustment disorder arising from the accident along with anxiety and a depressed mood, and said a custodial term of imprisonment would have devastating effects.

Foster, who previously pleaded guilty to causing death by negligent driving, drink driving and failing to comply with his drivers license conditions, will spend eight months under home detention and was fined $1500.

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