A 78-year-old great-grandfather, killed when a drag-racing hoon slammed into his car, should have given way at an intersection before the fatal collision, a defence lawyer has argued.
Maxwell Awty turned onto Melbourne Road in Norlane, near Geelong, on the evening of October 14, 2020, when the Holden Commodore slammed into his driver’s side.
He was airlifted to a Melbourne hospital with critical injuries but he died a week later.
The driver of the commodore, Damian Wangman, on Wednesday pleaded guilty in the Victorian County Court to culpable driving causing Mr Awty’s death.
The 36-year-old had been drag-racing with his friend and co-offender Tyson Russell along Melbourne Road when Mr Awty pulled out in front of him.
He struck the 78-year-old’s Ford Focus at somewhere between 130km/h and 139km/h, nearly double the speed limit.
But Wangman’s barrister Alexander Patton said Mr Awty contributed to the fatal crash because he failed to stop at the Melbourne Road-Surrey Street intersection.
The 78-year-old did not observe the oncoming traffic and instead pulled into the middle of three lanes, Mr Patton said.
“It is a matter that was beyond the control of Mr Wangman and Mr Russell,” he told the court.
Mr Patton said he was not portioning blame to Mr Awty, rather it was something Judge Martine Marich should consider in reducing Wangman’s sentence.
The 36-year-old was also remorseful and the gravity of his offending weighed heavily on him, Mr Patton said.
In statements to the court, Mr Awty’s wife and daughter described how the great-grandfather’s death had left a devastating and lasting impact.
Mr Awty had been the primary carer for his wife and his death meant she was moved out of the family home and into an aged care facility for 24-hour care.
The 78-year-old’s family and friends were also unable to grieve together at his funeral due to COVID-19 restrictions.
“Our lives were changed forever – life will never be the same again,” the daughter’s statement read.
Russell’s barrister Morgan Brown said her client sincerely apologised to Mr Awty’s family, even though he knew his words would not make them feel better.
He had spent his 347 days in pre-sentence detention reflecting on his crimes, Ms Morgan said.
Russell left the scene of the crash without providing his details to police and was only arrested days later once his employer contacted officers.
But Ms Brown said Russell had not shied away from his behaviour since the incident and he accepted a jail term was the only available sentence.
Wangman also understood he would be sent to prison but Mr Patton urged the judge to consider his difficult family circumstances and the impact it would have on him in custody.
The case was adjourned for three weeks so the prosecution could consider the argument that Mr Awty contributed to the fatal collision.
Wangman and Russell were remanded in custody to their next court date.
