Fatal driver avoids prison

JOELLE DALLY | 3rd February 2010

Ben Mason could have been serving a jail sentence this week for killing his mate Timothy Wortelboer in a car crash.

But instead, the 19-year-old's penalty for the crash in May last year will be community work - possibly due to a plea to the court from Mr Wortelboer's parents.

Mason was sentenced on Monday to 300 hours community work and disqualified from driving for nine months for the death of Mr Wortelboer.

The maximum penalty for careless driving causing death is three months imprisonment or a $4500 fine, as well as a mandatory driving disqualification.

Mason missed a bend on Cashmere Rd in the early hours of May 3, and crashed into a fence, before spinning and hitting a power pole about 2.30am.

Mr Wortelboer, 18, died at the scene.

Three other teenage passengers were injured.

In their emotional harm statement read to the court, Ross and Sue Wortelboer said they did not wish to "persecute" Mason over the death of their son.

Mason, who stood flushed and teary-eyed in the dock, had attended Wortelboer's funeral, and visited the family after the crash.

The Wortelboers said as they struggled to cope with the loss of their son, it was their belief that Mason would "live with it as well."

"He realises how deeply his actions have affected us," they said. "It would serve us no purpose to destroy another young life."

In sentencing Mason, Judge Tony Couch said Mason's endeavour to do the right thing by his friends had "truly tragic consequences."

Mason had been at work and picked up his friends from a party in Halswell as a favour because they needed a ride.

Judge Couch said the incident "says to us all that driving is a responsible task that requires full attention."

Mason was sober and was driving at about the 80km/h speed limit at the time of the crash.

He was on a restricted licence, had been momentarily distracted by conversation in the vehicle, and failed to heed the 45km/h warning sign further up the road from the corner.

He was also unfamiliar with the semi-rural road, which was still wet from earlier showers.

The 1995 BMW tore apart on impact.

Mr Wortelboer was not wearing a seatbelt and was flung from the vehicle, and died shortly after.

The other three passengers suffered a shattered arm, severe head injuries, and internal bleeding respectively.

Mason, who was largely unscathed, phoned 111 and tried to help the injured until emergency services arrived.

In sentencing Mason, Judge Couch said the crash was a "truly tragic incident."

"Once you entered the bend at that speed there was no way to avoid or get out of it," he said to Mason.

"You were simply not paying proper attention to driving."

Judge Couch said Mason was clearly a responsible young man who was respected by his employer and had the potential to be a worthwhile member of society.

"You appreciate the seriousness of the matter and are genuinely remorseful," Judge Couch said.

"This was an isolated error of judgement, but one with truly tragic consequences."