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Fatal Vic crash driver may avoid jail

AAP logoAAP 21/11/2016 Genevieve Gannon

The girlfriend of a man killed in a high-speed crash last year has confronted the speeding driver who caused the collision, asking him in a Victorian court to imagine losing the closest person to him.

John Voss, 30, died last July when his car was hit by Sukhuinder Singh's vehicle after the 23-year-old learner driver crossed double-lines to overtake a vehicle on Bridge Inn Road in Mernda.

The crown has said Singh must be jailed, but the defence has asked the court to consider a community corrections order.

At a pre-sentence hearing in the Victorian County Court, Anna Torchia told of the night she lost her best friend and boyfriend who had a "heart of gold".

"He never called. He never showed up. It was not until 8.30 that night that my worst fears were confirmed," she said in an emotional victim impact statement.

"Think of the closest person to you," she said to Singh. "Imagine they were innocently killed."

She lost her boyfriend because of Singh's "stupid, mindless, idiotic, careless, heartless actions", she said.

Singh pleaded guilty to dangerous driving causing death but was found not guilty by a County Court jury of the more serious charge of culpable driving causing death.

He has also admitted the summary charge of being an unaccompanied learner driver.

Singh's defence barrister Gideon Boas asked Judge Wendy Wilmoth not to jail his client, saying his moral culpability was low.

He said Singh made the decision to overtake a vehicle and got "into strife" when he saw an on-coming car.

The speed was an evasive act to avoid a collision, he said.

"He increased his speed only when he saw the on-coming car," Mr Boas said.

He also said Singh had asked him to express his great sorrow for the pain he had caused.

But prosecutor Andrew Grant said he made a conscious decision to disobey the road rules and put other drivers at risk.

"It's crucial in cases such as this - cases of young drivers taking risks on the road - that the courts send a message to the community that general deterrence is the most significant and paramount principal in this case," Mr Grant told the court.

Singh's bail was continued until his sentence on a date to be set.

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