Man jailed after Yannathan death

A Drouin man who said he was unaware he hit a man on a dark country road at Yannathan has been sentenced to six and a half years in jail.

Bradley Andrew McStay, 35, pleaded guilty in March to culpable driving by gross negligence which caused the death of Luke Price on February 10, 2020.

In the Melbourne Supreme Court on May 24, Justice Michael Croucher said Mr McStay was not aware he had dragged Mr Price under his vehicle or that he was under his car when he drove over him.

Justice Croucher said it was an unusual case of culpable driving in that Mr Price was struck when he stepped out of the back seat of a car at the same time Mr McStay’s utility clipped the vehicle at a low speed.

“Mr McStay did not intend to clip the sedan or strike Mr Price and was not even aware that he had stepped out of the vehicle. Unfortunately, after ending up on the bonnet of the ute for a moment, Mr Price fell under the vehicle and was dragged along beneath it for 58 metres.

“Worse still, he was run over when Mr McStay stopped, turned and then drove off,” he said.

The court heard Mr Price’s fatal injuries were sustained when he was driven over, not when he was struck by Mr McStay’s vehicle and dragged along.

In the lead up to the fatality, the court heard Mr McStay had followed the sedan in an erratic fashion for 12 kilometres before the collision on Heads Rd.

Justice Croucher said Mr McStay’s former lover and two others were in the sedan with Mr Price.

He said they had fled because Mr McStay was in an agitated state over his failed relationship with the woman, who was in a relatively new relationship with Mr Price.

The court heard Mr McStay had an affair with the woman, who he met in 2018. But in January 2020, she noticed Mr McStay becoming jealous and possessive of her.

“She sought to end their romantic connection and keep it platonic instead because of Mr McStay’s family circumstances,” the court heard

Justice Croucher said Mr McStay had contacted his ex-lover in the days before the collision to try to sort things out between them.

Mr McStay attended at a house in Bayles on February 10 where he knew the woman was visiting a friend. Mr Price and others also were at the house.

The court heard at some stage that same evening, Mr McStay argued with his long-term partner and left the home they shared.

Justice Croucher said Mr McStay continued messaging the woman and the messages became “increasingly erratic and threatening” before he drove to the Bayles house.

Mr Price left in a sedan with his girlfriend and two others before the fatal pursuit unfolded.

The judge said while Mr McStay deliberately drove his vehicle at the sedan, he did not intend to clip it and did not see Mr Price.

The prosecution argued that while Mr Price could only have been on the left side of the utility’s bonnet for a very short time, probably less than a second, before he went under the vehicle, Mr McStay must have noticed him there.

The judge said while it was likely Mr McStay saw Mr Price on the bonnet of the ute, albeit briefly, he was not satisfied of this fact beyond reasonable doubt. He said the events had unfolded quickly on a dark country road.

Justice Croucher said Mr McStay was “genuinely remorseful” and had pleaded guilty relatively early and in circumstances where he had an arguable defence.

The court heard victim impact statements from Mr Price’s family who expressed “profound grief and anger.”

Justice Croucher said Mr McStay had excellent prospects of rehabilitation and while on bail, had moved away and worked hard to support his two children.

Mr McStay will be eligible for parole in three and a half years.