Kim Waters
A MOTORIST who killed a passenger in a car crash at Norlane while under the influence of drugs and alcohol will spend at least four years in jail.
Twenty-nine-year-old, Anthony Horvat, of Bell Post Hill, sat emotionless in County Court as Judge Frank Shelton handed down the jail sentence for the death of Ruth Dale.
Judge Shelton sentenced Horvat to six years jail with a non-parole period of four years. He also fined him $100 for driving an unroadworthy vehicle and suspended his licence for two years from 2013.
Horvat had pleaded guilty to culpable driving, negligently causing serious injury, unlicensed driving and driving an unroadworthy vehicle.
He was driving about 1am on November 30 when the car left the road and hit a power pole, throwing Ms Dale from the vehicle and injuring two other passengers.
Judge Shelton noted that Horvat had a blood alcohol reading of .189 and “excessive levels” of cannabis in his system after the accident.
Judge Shelton said he had “taken into consideration” Horvat’s “difficult childhood”, drug and alcohol abuse and “personal circumstances”.
“The media (has been) saturated for many years now with the effects of drinking and driving,” he said.
“Adding cannabis and erratic driving into this…it’s a dangerous cocktail indeed.”
Ms Dale’s mother cried as Judge Shelton told the court of her family’s “continued feelings of loss”.
“The victim’s father was heartbroken…he never really recovered and has since died.”
Judge Shelton said a psychologist’s report described Horvat as “cognitively and emotionally immature”.
“He blocks out internal distress with substance abuse or channels it into anger,” Judge Shelton read from the report.
“Mr Horvat said ‘I’m always angry, that’s just how I feel’.”
Judge Shelton said the sentence was “general deterrence”.
“It is in your favour that you attended two drug and alcohol sessions with a councillor,” he told Horvat.
“You have cooperated with police and entered a plea of guilty early. It shows remorse upon your part.”
The mothers of Horvat and Ms Dale met for the first time outside the court before the sentencing. The women hugged while telling each other they were “sorry”.