A 22-year-old Wonthaggi man, who pleaded guilty to three counts of negligent and reckless driving, causing serious injury and endangering life, was sentenced to four years and eight months jail, with a non-parole period of two years and four months, in the Latrobe County Court last Friday.
The charges follow a high-speed crash on Cape Paterson Road, south of Wonthaggi, on Good Friday, April 15, 2022, when the driver of a “lowered” V8 Commodore, Taj Maloney, who was 19 years old at the time, lost control of his car, allegedly at speeds in excess of 176km/h, while passing a line of cars, one towing a trailer.
Managing to avoid on-coming traffic, the car spun fearfully down the road for 124 metres, then travelled a further 20 metres off the road before colliding with a tree, flipping on to its roof and careering 35 metres more before coming to a stop.
Three of the four youngsters in the car, the front seat passenger Jack Haag, the rear passenger, sitting behind him, Kyle Valentine, and the driver all managed to extricate themselves with minor injuries but Kyle’s younger brother, 18-year-old apprentice carpenter, Kane Valentine, was nowhere near as fortunate.
The extent of the serious injuries suffered by Kane Valentine, the rear driver side passenger, after he was partially ejected from the rear window of the vehicle and his face and elbow made contact with the road surface as the Commodore rotated on its roof for 35 metres were summarised by the prosecution.
Kane was near death, in a coma for two weeks, and ultimately survived 20 reconstruction surgeries to his scalp, face and arm during a three-month stay in hospital.
He has been left with a ceramic eye, permanent damage to his arm and face and visible scaring.
In a victim statement Kane told the court that his life had changed drastically as a result of the crash and “will never be what it was”.
“I will always carry what you have done to me for the rest of my life. Every day when I wake up, I look in the mirror and all I can see is the reminder of how you ruined my life. No punishment you receive today will be as bad as what you have left me with.”
What happened
The following factors and circumstances were included in the sentencing summary to describe the degree of risk and potential harm involved in the manner of driving by the offender and the foreseeability of the risk involved:
“The offender was initially driving his Holden Commodore in a northerly direction towards Wonthaggi along the Cape Paterson Road at a speed of 170kph even around corners as his passengers told him to slow down. He was thus warned by his peers and passengers at this early stage of the potential harm involved in the manner and speed of his driving and the foreseeability of the risk created to them.
“The offender then turned around and drove on the road in the opposite direction towards Cape Paterson.
“Before the collision, the other passengers observed the speedometer at speeds of 150 and 160kph on a straight stretch of road where the speed limit was 100 kph.
“The offender accelerated as he overtook a number of vehicles where there was a solid white line dividing the single north and south bound lanes. The last southbound car that was being overtaken was towing a trailer and was just before the crest of a hill.
“The three passengers shouted at the offender to slow down and not to overtake the vehicles. Again, the offender was warned by his peers and passengers of the imminent danger and potential harm involved in the manner and speed of his driving and the foreseeability of the risk created to them of his driving.
“The offender was 19 at the time and an inexperienced probationary licensed driver who was prohibited from driving the Commodore with a V8 petrol engine.
“The V8 Commodore (with registration “LOWGM”) was altered to sit lower to the road, but because the recommended shock absorbers had not been fitted the risk of the vehicle becoming unsettled was increased, which increased the risk of collision.
“As the Commodore was in the northbound lane adjacent to the last vehicle being overtaken, another vehicle appeared over the crest of the hill in the same northbound lane.”
Maloney took evasive action, however due to the excessive speed, estimated to be in excess of 176kmh at the time, he lost control after reaching the southbound lane again, causing the car to skid and rotate 124 metres down the road, before hitting a tree, rolling on to its roof and continuing to spin.
At the time, about 11.40am, the bitumen road surface was in good condition, the road was dry, and the weather was fine.
Neither drugs, alcohol nor prescription medication were contributing factors in the crash.
“The combination of factors of the extreme speed of the offender’s driving (at least 76km over the speed limit), his overtaking of other vehicles as he approached the crest of a hill, his inexperience as a 19-year-old probationary licenced driver driving a powerful, modified and potentially unsettled car, and his being warned by his passengers and peers of the risk to their safety of the speed and manner of his driving represented a great departure from the standard of care of a reasonable driver.”
The prosecution accepted some mitigating factors including the offender’s early plea and the delay between the offending and sentence, but argued that other factors including the offender’s good character, youth and prospects of rehabilitation should be discounted by the “high degree of departure from the standard of care an ordinary driver” and “the significant nature of the serious injury caused to Kane Valentine”.
They argued that a sentence of imprisonment was required for general deterrence and denunciation.
Judge Kevin Doyle agreed that a jail sentence was warranted.
• On Charge 1, of negligently driving a motor vehicle that caused serious injury to Kane Valentine, he sentenced Maloney to four years in jail.
• On Charge 2, of recklessly conduct endangering the life of that placed Kyle Valentine, namely driving at a speed of 176km/h in a 100km/h zone: two years.
• On Charge 3, of recklessly conduct endangering the life of Jack Haag, namely driving at a speed of 176km/h in a 100km/h zone: two years.
Mr Maloney was also disqualified from obtaining a licence for not less than 24 months.
The cumulative sentence is four years and eight months of imprisonment with a non-parole period of two years and four months.
