The major driving charges against the youth at the wheel of the car that hit and killed nine-year-old Brendan Saul were "destined to fail" in court and should never have been pursued, the sentencing magistrate said.
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Magistrate Paul MacMahon yesterday told Dubbo Children's Court the prosecution had not, in his view, properly examined the evidence and said the hearing into the charges had caused unnecessary pain to the Saul family, cost to the community and had been a "tragedy for the judicial system".
He sentenced the youth, now 17, for eight offences that he had pleaded guilty to, including those stemming from the January 2004 hit-and-run. He will be eligible for parole today.
For the charges relating to the hit-and-run, the youth was sentenced to a year's probation order for leaving the scene of an accident and a 12-month bond for driving without a licence.
For three unrelated charges of break, enter and steal that spanned four years, the youth was sentenced to a 12-month probation order, a custodial sentence of four months - a more severe penalty because he was on probation at the time of the offence - and the earliest charge was dismissed with a caution.
For an assault that occurred after the hit-and-run and while the teenager was on bail he received the heftiest sentence of a further 15 months' in custody, with a non-parole period of six months.
The victim in this assault was the youth's pregnant girlfriend and Mr MacMahon said it was important to send a message to the community that "all domestic violence" was "unacceptable".
The police prosecutor had said the maximum penalty for any of the offences was two years in custody.
An aggravating factor in each case was the youth's criminal record, but the offences that occurred while he was on probation and then on bail were additional aggravating factors.
Defence barrister David Rickard said his client's decision to leave the scene of the accident resulted from shock and fear, but there was "no excuse" for the other offences except that his client was stealing to support his drug habit.
At a hearing in February this year, Mr MacMahon had dismissed the charges of dangerous driving - while under the influence - occasioning death and negligent driving occasioning death.
The charges hinged on whether or not it could be shown the drugs had affected the teenager when the hit and run occurred.
Mr MacMahon yesterday told the court that if the charges had been dealt with in the adult judicial system the evidence would have been scrutinised, most likely by a crown prosecutor, and the charges dismissed.
He said there had been no evidence before the court that could have proven the charges beyond reasonable doubt "or even on the balance of probabilities".
Evidence from a pharmacologist tendered to the court yesterday - which hadn't been presented at the hearing - showed that an expert "couldn't have formed the view that the young person was under the influence," he CHECK WHO said.
He said it had been a "tragedy for the judicial system" because the "checks and balances of the adult system didn't apply".
The case had also been tragic for the youth, he said, who had since been diagnosed with several psychiatric conditions including depression, paranoia and symptoms of post-traumatic stress disorder.
In sentencing the teenager Mr MacMahon took into account sentencing trends in other courts. While this was not binding, the youth was entitled to treatment that was "even" with other people who had faced court, he said.
He found there were special circumstances in the teenager's case and set down a longer parole period of nine months.
Kevin Saul, Brendan's father, said he was "very disappointed" with the sentencing but was not surprised.
Mr MacMahon said if the charges had been in the adult juristiction, the evidence would have likely been scrutinised and charges dismissed.
He said no evidence came before the court that could have proven the charges beyond reasonable doubt "or even on the balance of probabilities".
Evidence from a pharmacologist tendered to the court yesterday - which hadn't been presented at the hearing - showed an expert "couldn't have formed the view that the young person was under the influence".
He said it had been a "tragedy for the judicial system" because the "checks and balances of the adult system didn't apply".
He said the case had also been tragic for the youth, who had since been diagnosed with several conditions including depression, paranoia and symptoms of post-traumatic stress disorder.
In sentencing the teenager, Mr MacMahon found there were special circumstances and set down a longer parole period of nine months.
Kevin Saul, Brendan's father, said he was "very disappointed" with the sentencing but was not surprised.