Discrepancies in Sentencing Reveal Injustice in Road Crime Penalties
Discrepancies in Sentencing Reveal Injustice in Road Crime Penalties
Three drivers responsible for three fatal criminal road crashes were sentenced this week to varying degrees. No amount of jail time will ever bring lost loved ones back, but the variety of sentences handed down shows huge discrepancies within the judicial system. Varying from 7 years non-parole for killing five people, to six years non-parole for killing a pedestrian to just two and a half years for killing a passenger, this unjust system is letting victims of road crime down, I Tom Daher know from experience…
The pain of losing a loved one transcends grief; it echoes the injustice woven into the fabric of the justice system, particularly when it comes to road crimes resulting in fatalities. Fuelled by the personal tragedy of abruptly losing my father Tannous Daher on July 22, 2017, I am strongly advocating for change.
On that fateful day, a 6.5-tonne tip-truck, careened across double lines into oncoming traffic, swiped cars, mounted a curb, and ultimately claimed the life of my innocent father as he tended to his garden. The driver, Moustafa Zreika, aged 28 at the time, had an extensive driving history and pleaded not guilty to charges of dangerous driving causing death and grievous bodily harm. A jury found him guilty, and the court handed down a sentence of six years, with a non-parole period of four years. A decision my family gracefully accepted, but not without a lingering sense of injustice.
The discrepancy between the sentence and the maximum penalty, which could have been 10 years, raises a poignant question about the fairness of the justice system. I, and other members of the Road Trauma Support Group (RTSG), have experienced the systemic issues that plague the response to road crimes. Road crimes, where innocent lives are lost, are often labelled as mere accidents, perpetuating a narrative that overlooks the gravity of these incidents.
The anguish of families left behind is further exacerbated by a justice system that, in our eyes, often seems to favour offenders. Often sentencing judges focus on the effect on the perpetrator rather than the trauma endured by the family of the deceased. The prevalence of good behaviour bonds and intensive correction orders for road crimes, as opposed to more severe penalties for other criminal acts resulting in death, further underscores the glaring disparity.
We only need to look at the NSW Charter of Victims’ Rights Act to see that road trauma is not considered as serious as other crimes resulting in a death, families effected by a road trauma death are not afforded any rights in the act as other family victims.
The Road Trauma Support Group NSW, a group I co-founded is pushing the Government to enact standalone legislation covering road crime deaths. This proposed legislation aims to bring transparency to a system plagued by failures, introducing real deterrents to make roads safer.
Central to our proposal is the introduction of a standard minimum non-parole period for road crime deaths. This would hold judges accountable and require them to justify deviations from the standard, bringing much-needed consistency and fairness to sentencing.
Independent research by the Road Trauma Support Group and FiftyFive5 further underscores the urgency of the cause. Serious repeat offenders are six times more likely to be in a serious or fatal crash, yet almost one quarter of all road deaths in NSW in 2023 were the result of a criminal act. 73% of people interviewed believe punishments while driving on drugs should be harsher, while 62% of those surveyed are supportive of charging drivers with vehicular manslaughter when they kill someone on the road. This points to a serious need for a recalibration of the justice system.
In my quest for justice and accountability, let my words resonate not only as a call for change but as a testament to the enduring love for my father—a love that refuses to accept injustice as the final chapter in Tannous Daher's story.
Tom Daher
RTSG Founding Member
27 December, 2023