Friends and supporters of an 18-year-old killed in a car crash have gasped in court after hearing the man responsible will be released within nine months.
Lynden Joshua Roby, 20, was on trial in Queensland District Court in Brisbane on Monday after pleading guilty to a count of dangerous motor vehicle operation that resulted in death.
Roby was behind the wheel of his HiLux crewcab utility vehicle when it rolled onto Woorim Beach on Bribie Island just after 3:50pm on May 30 last year, killing passenger Harrison “Harry” Payne.
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Several witnesses had previously seen Roby driving at estimated speeds of up to 90mph on the beach with a 50mph speed limit.
Roby was also seen racing other vehicles, doing fishtails, doing donuts, “power slides” and doing burnouts on Sunday afternoon, which was seen by large crowds on the beach.
He nearly collided with another vehicle and then attempted another fishtail, this time with his rear tires in the sand and his utility.
Harry was partially ejected from the vehicle as it rolled, resulting in catastrophic head injuries before being thrown 10 meters from the vehicle and killed instantly.
Dozens of Harry’s family, friends and work colleagues attended the court to hear the verdict, and many had to watch via video link from a second courtroom.
Harry’s parents, two siblings and their partners read victim impact statements to the court, saying his future life milestones had been taken away and theirs were forever “tainted” by his absence.
Harry’s father Kent Payne said Roby’s offense was “disgraceful, unacceptable, dangerous and totally avoidable” and accused him of having no regrets.
“Our hearts are broken and we will never recover from the fact that Harry was taken from us. It’s a life sentence,” Payne said.
“I will never forgive your behavior.”
Harry’s mother Kylie spoke of having to identify her son’s body at the morgue and wanting to hold his hand and keep him warm.
“The verdict won’t bring Harry back, but it’s hoped it will deter others from doing the same in the future,” she said.
Crown Prosecutor Philip McCarthy asked for a four-year sentence as Roby appeared to show no remorse shown by committing traffic offenses following the fatal accident, including burnouts at a construction site.
“He has shown no particular insight into the seriousness of the offense … the psychiatrist determined that he poses an ongoing risk to the community while driving,” McCarthy said.
Roby’s attorney, Patrick Wilson, said there were also factors in his client’s favor, including that he was only 18 at the time and not drunk.
“He is remorseful, he has acknowledged the wave of grief caused solely by his own actions. I understand the family may not want to accept an apology, but he offers one,” Wilson said.
Judge John Allen sentenced Roby to three years in prison, which was suspended after nine months’ probation, with a three-year suspension of her license.
“You said in your letter… ‘I will honor Harry’s legacy every day that I get to live.’ I hope this is a real statement about the future; Your conduct since the time of the offense certainly has not proved that,” Judge Allen said.
Outside the court, Kent Payne said his family respects the court system and its outcome.
“No jail time would ever bring Harry back. We want to thank all the lawyers who supported us and the police, and everyone who helped Harry on the day of this crash,” Payne said.
https://7news.com.au/news/qld/queensland-teens-family-shocked-by-sentence-for-killer-driver-will-never-forgive-you-c-8992625 Queensland teenager’s family shocked by conviction of murderer driver Lynden Joshua Roby: ‘Will never forgive you’