A 26-year-old Shepparton man has been sentenced in the County Court for causing the single vehicle crash in which his friend died.
Tyson Gavin Forrester was sentenced in Shepparton on Tuesday, August 8 to eight years in prison for culpable driving causing death, with a fixed non-parole period of four years and 10 months.
The 492 days of pre-sentence detention were included in the sentence by Judge Simon Moglia.
The maximum sentence available to the court for culpable driving causing death is 25 years.
Forrester was also convicted of driving as a learner without a supervising driver, driving an unregistered vehicle and using a vehicle without the appropriate number plates.
Forrester had admitted to an earlier hearing of the Koori Court Division of the County Court to driving at high speed on Central Kialla Rd at Arcadia on April 3 last year with methamphetamine in his system.
Evidence was presented to the court that he was driving at a speed in excess of 160km/h when the vehicle hit a depression in the road, crossed to the opposite side and broke into three pieces after it crashed into trees.
“As the expert stated, this would not have happened if you were not going so fast,” Judge Moglia said.
“You were incapable of having proper control of the car.”
Forrester’s 19-year-old friend Raygen McDonald died in the crash.
“It is a connection and a burden that you will bear for the rest of your life,” Judge Moglia said.
“More so, the McDonald family have suffered a terrible loss.”
The judge referred to the burden Ms McDonald’s family would carry for the rest of their lives, with impact statements referring to their “unbearable despair”, of being unable to work, them having to delay further education and of having feelings of “helplessness”.
“None of Raygen’s family should have suffered in the way they have,” Judge Moglia said.
“The consequences of your choices have been immense. I want to thank Raygen’s family for their courage and their honesty.”
Judge Moglia acknowledged Forrester’s early guilty plea and for participating in the Koori Court process.
“Your settling of the case has a real benefit, not only for all involved, who have been spared the burden of a trial, but also the cost to the community,” he said.
“I will reduce your sentence for this in a way that makes this clear.
“You accepted what was said. You stood and faced Raygen’s family and offered them a detailed apology.
“I accept that, by taking part in this conversation, that you have acted honourably, you have spoken from your heart and you have shown respect and true remorse.”
Judge Moglia noted Forrester’s childhood, which included evidence of a home “full of violence”, interventions by child protection services and abuse while in residential care.
Forrester was not treated for his trauma, which included being locked in his room without food, and remains on a waiting list to see a psychologist.
At age 12 he was introduced to cannabis, smoking daily until 16 when he started using methamphetamine to self-medicate and cope with the trauma.
Judge Moglia also noted that Forrester suffered serious injuries in the crash, with ongoing pain in his feet and arm.
“These will have served as a reminder to you of that terrible night,” he said.