A speeding teenager who killed a friend and left another with brain damage in a car accident has walked free from a Canberra court.
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The 17-year-old, who cannot be named for legal reasons, appeared for sentence in the ACT Children’s Court after pleading guilty to negligent driving causing death and grievous bodily harm.
He was at the wheel of a white Holden Commodore sedan when it crashed into a tree in a winding street in Chifley in July last year.
The crash killed Tyson Gavin, 16, and left another 16-year-old boy with serious head injuries.
The court heard the brain injury was severe enough to cause significant and long-lasting effects on his health.
The driver did not stay to help his friends but fled to a Chapman home about five kilometres away.
The court heard he told police he was travelling under or slightly above the 60km/h speed limit, did not cross to the incorrect side of the road and that the car had lost control after hitting black ice.
But police investigations found the car had most likely been travelling at 89 to 97km/h and that there was no evidence of ice being responsible for the vehicle’s loss of traction.
Magistrate Karen Fryar said the facts indicated the sole cause of the accident was the teenager’s driving. "His degree of negligence places this incident in my view mid to high in the range of objective seriousness for this type of offence."
Family of the victim wept as Ms Fryar delivered the sentence.
A victim impact statement from Tyson’s father spoke of the hatred he felt for the driver, especially over a perceived lack of remorse felt by the defendant. But a pre-sentence report said the driver carried a deep sense of guilt that had affected his sleep, social interaction and confidence. He had been seeing a counsellor.
"This has been most undoubtedly a significant tragedy for both the victims and their families, and also the young person," Ms Fryar said.
Ms Fryar sentenced the teen to 120 hours community service and a suspended jail sentence and ordered he sign a two-year good-behaviour order.
She said young drivers must understand the responsibility that came with driving a car.