Judge says driver breached trust before killing girlfriend
A 19-year-old man who lied about having a driver’s licence before killing his girlfriend in a collision at Longwarry last year has been sentenced to four years detention in a youth justice centre.
Joshua Lewis pleaded guilty to the charge of dangerous driving causing death, relating to the fatal collision that killed his 15-year-old girlfriend Georgia Larsen in February last year.
Judge Mark Gamble said Mr Lewis’ decision to drive on that fateful morning was calculated rather than spontaneous.
He said his actions were serious offending that occurred in circumstances of deception.
“You should never have been driving Georgia Larsen that day…you made a deliberate decision to drive in contravention of the road rules.
“You lied to her parents which was a great breach of the trust they placed in you…that is hard to fathom given the kindness they had extended to you.
“The life of a bright, effervescent and very loving girl was prematurely ended in the most tragic of circumstances,” he said.
At sentencing in the County Court, Melbourne on Wednesday, Judge Gamble said Mr Lewis was too “vulnerable” to be incarcerated in an adult prison given his post traumatic stress disorder and suicide risk.
Judge Gamble accepted Mr Lewis had shown genuine remorse and was “racked by guilt and depression.”
The court heard Ms Larsen suffered fatal head injuries in the collision on Evans Rd at 8.35am on February 21, 2018.
Mr Lewis was driving Ms Larsen from her Garfield family home to Drouin Secondary College where she was a year 10 student. At the time, he was staying with the Larsens because of difficulties with his father.
Judge Gamble said Mr Larsen lost control of a borrowed Mercedes vehicle before crashing into a tree.
Major Collision Investigation Unit police estimated Mr Lewis was travelling at approximately 102 kilometres per hour.
Judge Gamble said the loose stone and gravel road had been described as “heavily corrugated and in poor condition.”
While the default speed limit was 100km/h, Judge Gamble said Cardinia highway patrol police indicated 80km/h was a safe speed for the road condition.
The prosecution submitted Mr Lewis’ driving was dangerous because he drove at a speed that was excessive and with no regard to the road conditions.
The court heard Mr Lewis lied to Ms Larsen’s parents Shannon and Tracey about being a licensed driver.
A month earlier he had been intercepted by police in Warragul and fined for being an unlicensed driver.
Judge Gamble estimated he had completed only eight of the required 120 supervised driving hours since obtaining his learner permit at 16-years-old.
Seven victim impact statements from Ms Larsen’s parents, two older sisters, grandmothers and an uncle were presented to the court during plea hearings.
Judge Gamble said Georgia was a “much loved and loving girl” and the statements were a “painful and eloquent testament of the profound impact this has caused to what is obviously a very close family.”
Judge Gamble said Mr Lewis had suffered post traumatic stress disorder since the accident and his grief was complex and guilt based.
“You believe you need to be punished and don’t deserve to live. You believe you don’t deserve forgiveness,” he said.
Judge Gamble said Mr Lewis was at high risk of suicide and was too vulnerable to be sentenced to an adult prison.