Luke Samuel McDonald, 21, fronted Dubbo District Court yesterday for sentencing over a charge of aggravated dangerous driving occasioning death.

In November 16, 2008, the car the then 19-year-old was driving rolled between Mumbil and Stuart Town, ejecting his uncle Shane Ross from the passenger seat, resulting in Mr Ross’ death.

McDonald, from Wellington, told Judge Stephen Walmsley how he had been drinking with Mr Ross

at the Burrendong Hotel at Mumbil on the day in question.

Mr Ross left the hotel and went to Stuart Town, where he was involved in an altercation which caused him to bleed severely.

On seeing his uncle, McDonald, on his L-plates at the time, decided both men would travel back to Stuart Town to find the assailant.

On the way, McDonald lost control of his car which resulted in it flipping before landing on its roof and on Mr Ross, who had been ejected from the vehicle.

During his evidence, McDonald told how he had idolised his uncle, how he considered him his hero, and how his grief over Mr Ross’ death had affected him.

“We were very close, I always wanted to be like him,” McDonald said.

“It’s so unreal that something could happen so fast and so serious. I think about it every day.

“I have trouble sleeping and I don’t binge drink anymore.”

The court also heard how McDonald had attempted to take his own life last September by overdosing on medication.

Toxicology reports taken from McDonald after the accident revealed he had a blood alcohol level of 0.153 as well as a small amount of cannabis in his system.

He told the court he hadn’t smoked cannabis on the day in question but had done so the previous evening.

Expert reports estimated the vehicle was travelling at 119km/h at the time of the accident, which occurred in a 50km/h zone.

In his judgment, Judge Walmsley remarked on McDonald’s contrition.

“The offender has suffered psychologically because of his uncle’s death and his involvement in his uncle’s death,” Judge Walmsley said.

“He had an unstable upbringing and looked upon his uncle as a mentor and he aspired to be like him.

“He came from a family which had a long history of drugs and violence and at the age of eight saw blood stains from where his mother had stabbed his father, which would be a horrifying event to have to recall.”

Judge Walmsley sentenced McDonald to a prison term of four years with a non-parole period of two years and disqualified him from driving for three years after his release.

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