Jail ruled out in son’s death
A WOMAN convicted of drug driving in the crash that killed her teenage son will not have to spend any time in jail. Melissa Ann Crowley was last year sentenced to three months in jail, with parole after a month, after pleading guilty to a string of offences. But her lawyers lodged an appeal and she was released from c custody within h hours. Crowley, 38, w was driving from Cairns to Townsville on the Bruce Highway in September 2015 with h her two sons, when her car hit a dead brumby and ran into a tree.
Her 15- year- old son Byron Crowley, who had removed his seatbelt so he could lie down on the back seat, was killed.
A forensic medical officer later found that Crowley had an “extraordinarily high blood level of methylamphetamine” on the day of the crash.
Crowley pleaded guilty to driving under the influence, failing to ensure her son was wearing a seatbelt, driving without a licence, possessing drug utensils and failing to dispose of a needle and syringe.
Judge Gregory Lynham has now re- sentenced her, ruling that three months’ imprisonment with immediate release on parole was the appropriate sentence.
As part of the appeal two reports were placed before the court about Crowley’s injuries.
“I am persuaded that the significant physical injuries suffered by the appellant in the accident are adverse consequences of her criminal conduct that should to be taken into account in mitigating her sentence,” Judge Lynham said.
“The report of Dr Watson makes clear that the appellant’s injuries were a direct consequence of the accident.
“They resulted in her being hospitalised for three months, she was in a wheelchair for a year and she has been left with significant and permanent physical disabilities and scarring.”
He also took into account the psychological issues Crowley suffered as a result of the crash, including a diagnosis of post- traumatic stress disorder.
Judge Lynham said the injuries and ongoing consequences suffered by Crowley were relevant features to be taken into account to mitigate the sentence.
Apart from the parole ruling, Judge Lynham upheld the sentences imposed in the Townsville Magistrates Court.
As well as the three- month sentence for driving under the influence of drugs, Crowley was fined $ 188 for driving unlicensed, $ 400 for failing to ensure her son wore a seatbelt and $ 500 for possessing drug utensils and failing to properly dispose of a needle and syringe.