ID :
158900
Fri, 02/04/2011 - 12:25
Auther :

Truckie jailed on appeal for killing two


A Victorian truck driver who killed two children when he ran a red light has been jailed after an appeals court found his wholly-suspended sentence "manifestly inadequate".
Nejmie Mustafovski was driving her small sedan when Brett Anthony Janson, 40, ran the light and ploughed his prime mover into her car in March 2008.
Killed in the crash in suburban Lynbrook were her son Lyton Mustafovski, 10, and his cousin Jeton Kulofsovski, six.
Ms Mustafovski was seriously injured, along with relatives Lerita, 11, and Lyron, eight.
Janson walked away from the Victorian County Court last June with a three-year, wholly suspended sentence and a two-year community based order with 250 hours' community work.
But the Director of Public Prosecutions (DPP) appealed and, on Friday, the Victorian Court of Appeal voted 2-1 to uphold it.
Janson was resentenced to four years' jail with a minimum of two years after he pleaded guilty to two counts of dangerous driving causing death and three of dangerous driving causing serious injury.
Appeal judge Justice Geoffrey Nettle said the original sentence was manifestly inadequate and "so disproportionate to the seriousness of the crimes as to shock the public conscience".
The court heard Janson, of Bairnsdale, was looking for a turn-off for a nursery and not concentrating when the crash happened.
He was not speeding, driving recklessly or affected by drugs, alcohol or fatigue.
Justice Nettle said the man had diverted his attention from the road for about 10 seconds while travelling 70km/h for almost 200 metres in an area where he knew there was an intersection.
He said Janson was bound to realise his driving created considerable risk of death or serious injury to others.
In sentencing, Judge Hampel took into account Janson's guilty plea and deep remorse.
But Justice Nettle said it was not open to her to find his crimes at the low end of the dangerous driving scale.
The Court of Appeal also found that Janson should have been sentenced according to the new maximum penalty for dangerous driving causing death, which had doubled to 10 years jail just days before the crime.
But appeal judge Justice Marcia Neave offered a differing view, saying it was open to Judge Hampel to find Janson's moral culpability for dangerous driving was at the lower end.
She said little would be gained by jailing him.
Outside court, major collision investigation unit Leading Senior Constable Matt Hunt urged drivers to concentrate when on the road.
"You're driving a weapon and it's a tonne of steel and this is what results. You need to take care of what you're doing," he said.

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