Upper Yarra
7 Tuesday, 12 September, 2017
New equipment for Adventcare
5
Mail Covering the Upper Yarra Region of the Yarra Ranges Shire
Lawless logging report
A Mail News Group publication
21-22
Best in local sport
Phone: 5957 3700 Trades and Classifieds: 1300 666 808
The tragedy of Milners Road, 2015, continues in the County Court. 172761
Moral culpability The moral culpability of the driver of a four-wheel-drive which overturned in Launching Place in 2015, killing one passenger and seriously injuring two more, has been identified as a key factor in his sentencing by County Court Judge Michael O’Connell. Bradley Nicholson pleaded guilty before Judge O’Connell on Tuesday, 5 September, to five charges in relation to the crash in Milner’s Road on 10 April, 2015, where Charlie Robertson died, and Joshua Bell and Monique Kouvaras suffered life-threatening and ongoing injuries. The court heard that Nicholson drove from the Sam Knott Hotel in Wesburn after attending a birthday celebration for Joshua Bell. In the car
were five of his friends, planning on continuing the celebrations at a house in Hoddles Creek. Evidence was given that Nicholson, 22, at the time, had been drinking and the court accepted a reading of .108. Barrister Matt Fisher for the Department of Public Prosecutions said Nicholson was travelling at between 74km/h and 91kph when he took a sharp right-hand curve on the 100km/h back road from Yarra Junction. He said there were several 45km/h advisory signs leading up to the righthand curve on which Nicholson lost control as he “attempted to negotiate the curve at speed”. The court, packed with nearly 50 family and friends of Charlie Robertson and the other passengers, and with
family of Bradley Nicholson, heard the car drove through foliage and overhanging branches before Nicholson steered to the right, overcorrecting and colliding with a large tree as it rolled three times before coming to rest. It was during the roll-over phase Mr Fisher said that the three young people were ejected. Charlie Robertson died at the scene. “Very likely, all of these were not wearing seatbelts,” he said. In 21 harrowing victim impact statements tendered to the court, including those of Charlie Robertson’s mother and Monique Kouvaras’s father who read their statements aloud, the carnage that confronted Milners’ Road residents and emergency services at around 11.10pm that night was
re-lived, and the ongoing impact on so many lives spelled out in a never-ending story of loss and pain. Acting for Nicholson, Phillip Dunn QC argued that his client should be held to a lower standard of moral culpability because of a life-long intellectual disability. He said while the charges faced by Nicholson almost always carried a custodial sentence, his case was unusual. “What’s happened in a sense was an accident, not intended by the person driving the motor car,” he said. He said his client had suffered mental deficiencies since childhood. “He is different and those who know him would know that,” he said. He said Nicholson had a low IQ and significant problems with language
Phone 5967 2001 2874 Warburton Hwy Wesburn
New Look Made
By Wattyl New Look Ceiling White Kid tough, resists mould & mildew is also low VOC 4Lt $55 & Low Odour 4Lt $45 OPEN: MON-FRI 6.30am-5.00pm•SAT 8.00am-12.00noon
9737 6833
24d John St., LILYDALE
andscape
GAS HEAT & COOL
Faulty Heaters
Low Sheen
Computer Colour Matching
YARRA VALLEY
CAUSE
HOUSE FIRES
Get Yours Serviced Now ARC 36010
PIC 41936
Ph: 5966 9999
& Ga den
1227991-DJ20-16
12336674-LN03-17
•GoldMedalAwardWinningRealEstateAgent •YourIndependentCommunityRealEstateAgent •SalesandRentals •FreeNoobligationAppraisalofyourProperty •20YearsRealEstateExperience •Localknowledge •WecoverReeftontoLilydale,Noojeeto Healesville •EthicsandHonestyinallourRealEstate Transactions
1230175-CG23-16
YARRA RANGES
and understanding. Clinical psychologist Dr Rachel Mackenzie gave evidence saying she in interviews with Nicholson she found he had a tendency to acquiesce. “This is not uncommon in people with low intellectual ability. He has a strong desire to be liked and will go to lengths to fit in,” she said. Mr Dunn said along with the seriousness of the offence, in which one person had died and two were seriously injured, the moral culpability of the offender must be taken into consideration. “I am conceding the alcohol, but if you look at the driving, what we’re dealing with here is a momentary loss of attention,” he said. Continued page 3
1191831-HM30-15
By Kath Gannaway
FOR ALL YOUR GARDEN & LANDSCAPING NEEDS -SAND-SOIL-MULCH-ROCKS-SLEEPERS-PAVERSPIPES-GATES-CEMENT-POTTING MIX, ETC. DELIVERY ALL AREAS
Warburton Highway, Wesburn 3799
5967 1367